
Class -d&Jt31±- 
Book ll°JL_ 



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COPYRIGHT DEPOSIT. 



IOWA 



ITS CONSTITUTION AND LAWS 



BY 

S. M. WEAVER 

CHIEF JUSTICE SUPREME COURT, IOWA 



NEW YORK 

CHARLES E. MERRILL CO. 
1908 



UBKARY of OONtifciRS* 
I WO Copies rftsCfeiyji; 

MAY 4 lia»08 

jvi*rttfm umy 

1 OOHY/B. 






COPYRIGHT, 1897, BY 
MAYNARD, MERRILL & CO. 



COPYRIGHT, 1908, BY 

CHARLES E. MERRILL CO. 



PREFACE TO REVISED EDITION 

Several important amendments have recently 
been made to the Constitution of the State of 
Iowa, and new laws have been enacted by the 
General Assembly, so numerous and of so great 
importance that all text books on Iowa govern- 
ment have become seriously defective and mis- 
leading. A careful revision of "Iowa, its Con- 
stitution and Laws" has therefore been made by 
the author, who has had the benefit of the schol- 
arly assistance of Hon. Charles W. Lyon, As- 
sistant Attorney General of the State of Iowa. 

Remembering the generous approval with which 
earlier editions of this book have been received 
by Iowa schools and schoolmasters, the pub- 
lishers confidently expect this new edition to meet 
all the demands to which changed conditions have 
given rise. Charles E. Merrill Co. 

March 15th, 1908, 



CONTENTS 

PAGE 

Introduction* . ............. 7 

CHAPTER 

I. The Constitution 11 

II. Iowa in History 41 

III. Development of the Constitution 43 

IV. Relation of the State and Nation 45 

V. Constitution aided by Statutes 47 

VI. Personal Rights 49 

VII. Right of Suffrage Gl 

VIII. Distribution of Powers G7 

IX. Legislative Department G7 

X. Executive Department 79 

XL Non-elective State Officers 89 

XII. State Institutions 93 

XIII. Judicial Department 95 

XIV. The State Militia 101 

XV. State Debts 102 

XVI. Corporations ... 104 

XVII. Public Education 108 

XVIII. Constitutional Amendments Ill 

XIX. Miscellaneous Provisions 113 

XX. Counties and County Government . . . . . . 117 

XXI. Townships and Township Government 123 

XXII. Cities and Towns 126 

XXIII. School Districts % 132 

XXIV. Taxation .. ... 136 



tNTKODUCTIOH 



Order of Study — The natural order of inquiry into 
the government of one of the United States begins 
with its Constitution. In harmony with this thought 
we devote the first chapter of the following study of 
Iowa to the text of its fundamental law. We suggest, 
however, that at the outset the pupil be not required to 
do more than carefully read this text, and that the more 
minute examination of its provisions be taken up in con- 
nection with the subsequent chapters in which they are 
re-stated and explained in detail. 

Definitions — It cannot be too strongly urged upon 
teachers and pupils that they do not leave any topic 
which is discussed in this little volume until the mean- 
ing of the language employed has been thoroughly mas- 
tered. While careful effort has been made to state rules 
and principles in plain and ordinary terms, it has been 
impossible to avoid always the use of words and phrases 
peculiar to law books and writings. 

The Constitution also contains many terms not at first 
readily understood by the non- professional reader. In 
most instances of this kind we have given definitions and 
explanations which will enable the young person of ordi- 
nary intelligence to grasp the idea sought to be con- 

7 



8 INTRODUCTION 

veyed. Lack of space lias prevented other definitions 
which could have been given witli profit; but the dili- 
gent student can be relied upon to consult the dictionary 
and other available works of reference, whenever he 
finds himself in doubt upon a question of interpretation. 
Equivalent Terms — In the following chapters the 
words "elector" and " voter" 4 have been used as hav- 
ing the same meaning. Laws enacted by the Legisla- 
ture of the State or by the Congress of the United 
States are spoken of as "acts," "statutes," "statu- 
tory laws," and "enactments." The words "road," 
"public road" are treated as of the same signification 
as "highway." The constitutional name of the Senate 
and House of Representatives of the State, when taken 
together as a law-making body, is "The General As- 
sembly of the State of Iowa," but in popular usage it 
is more frequently and simply mentioned as "the Leg- 
islature," a usage which we have sometimes followed. 
Other similar instances will be noted by the observant 
reader. 



IOWA 

ITS STATE AND LOCAL GOVERNMENT 



WITH THE 



STATE CONSTITUTION 



TO TEACHERS 



Knowledge of the general nature of our state government and of 
the laws which command our obedience is indispensable to a high 
standard of citizenship, Every man and woman is charged with 
public as well as private responsibilities ; and upon the manner in 
which the young are trained to meet those responsibilities depends 
the destiny of our country. 

To aid in imparting instructions along these lines, the following 
chapters have been written. 

The subject treated is generally, but very erroneously, supposed 
to be too complex and abstruse for any but trained lawyers to under- 
stand. The machinery of our government is remarkable for its sim- 
plicity, and its practical operation can readily be made plain and full 
of interest to every intelligent child. 

Practical illustration of the administration of government, in some 
of its minor features at least, is always at hand for the use of the apt 
instructor ; and such familiar examples as the working of public 
roads, annual school meetings, annual and special elections, proceed- 
ings of school directors, city councils, boards of supervisors, mayors, 
and justices of the peace, the assessment and collection of taxes, and 
other similar matters, can be made topics of profitable discussion and 
inquiry. 

Concerning other features not coming w r ithin the range of personal 
observation, pupils should be encouraged to go beyond the outline 
lesson and investigate for themselves all available sources of infor- 
mation. 

Among the authorities in easy reach are the Code, containing a 
compilation of all the statutes of general importance; the Official 

9 



Ill IOWA, TTS STATE AND LOCAL GOVERNMENT 

Register, published yearly by the Secretary of State ; the Census Re- 
ports ; reports of all the various State Offices; Annals of Iowa ; Acad- 
emy of Science ; Handbook for Iowa Teachers, published annually 
for free distribution. Of these, the first can be found in the office of 
every lawyer and magistrate ; while the other documents named may 
usually be obtained without expense by applying to the proper 
officer at the State Capitol. 

Many other helps will be discovered by the student who cultivates 
the habit of independent investigation and independent thought. 

No word or phrase, made use of in the text, should be passed until 
its meaning is fully explained and understood. Studied in this 
manner and with this spirit, the time employed upon these pages 
cannot be otherwise than well spent. 



CHAPTEE I 

CONSTITUTION OF IOWA 

TJie heavy face figures in the margin are inserted for convenience 
of reference. 

We, the people of the State of Iowa, grateful to the 
Supreme Being for the blessings hitherto enjoyed, and feel- 
ing our dependence on Him for a continuation of these 
blessings, do ordain and establish a free and independent 
government, by the name of The State of Iowa, the 
boundaries whereof shall be as follows : 



2 



Beginning in the middle of the main channel of the Missis- 
sippi river, at a point due east of the middle of the mouth of 
the main channel of the Des Moines river, thence up the middle 
of the main channel of the said Des Moines river, to a point on 
said river where the northern boundary line of the State of 
Missouri — as established by the Constitution of that State — 
adopted June 12, 1820 — crosses the said middle of the main 
channel of the said Des Moines river ; thence westwardly 
along the said northern boundary line of the State of Missouri, 
as established at the time aforesaid, until an extension of said 
line intersects the middle of main channel of the Missouri 
river ; thence up the middle of the main channel of the said' 

11 



12 IOWA, rrs STAT!-: AND LOCAL GOVERNMENT 

Missouri river to a point opposite the middle of the main 
channel of tlie Big Sioux river, according to Nicollett's map ; 
thence up the main channel of the Big Sioux river, accord- 
ing to the said map, until it is intersected by the parallel 
of forty- three degrees and thirty minutes north latitude ; 
thence east along said parallel of forty-three degrees and 
thirty minutes, until said parallel intersects the middle of 
the main channel of the Mississippi river ; thence down the 
middle of the main channel of said Mississippi river to the 
place of beginning. 

Article I. Bill of Rights 

Section 1. All men are, by nature, free and equal, and 
have certain inalienable rights, among which are those of en- 
joying and defending life and liberty, acquiring, possessing, 
and protecting property, and pursuing and obtaining safety 
and happiness. 

Sec. 2. All political power is inherent to the people. Gov- 
ernment is instituted for the protection, security, and benefit 
of the people, and they have the right, at all times, to alter 
or reform the same, whenever the public good may require it. 

5 Sec. 3. The General Assembly shall make no law respect- 
ing an establishment of religion, or prohibiting the free exer- 
cise thereof ; nor shall any person be compelled to attend any 
place of worship, pay tithes, taxes, or other rates for building 
or repairing places of worship, or the maintenance of any 
minister, or ministry. 

g Sec. 4. No religious test shall be required as a qualification 
for any office or public trust, and no person shall be deprived 
of any of his rights, privileges, or capacities, or disqualified 
from the performance of any of his public or private duties, 
or rendered incompetent to give evidence in any court of law 
or equity, in consequence of his opinions on the subject of 
religion ; and any party to any judicial proceeding shall have 



CONSTITUTION OF IOWA 13 

the right to use as a witness, or take the testimony of, any 
other person not disqualified on account of interest, who may 
be cognizant of any fact material to the case ; and parties to 
suits may be witnesses, as provided by law. 

Sec. 5. Any citizen of this State who may hereafter be en- 
gaged, either directly or indirectly, in a duel, either as princi- 
pal, or accessory before the fact, shall forever be disqualified 
from holding any office under the constitution and laws of this 
State. 

Sec. 6. All laws of a general nature shall have a uniform 
operation ; the General Assembly shall not grant to any 
citizen, or class of citizens, privileges or immunities which, 
upon the same terms, shall not equally belong to all citizens. 

Sec. 7. Every person may speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of 
that right. No law shall be passed to restrain or abridge the 
liberty of speech, or of the press. In all prosecutions or in- 
dictments for libel, the truth may be given in evidence to the 
jury, and if it appear to the jury that the matter charged as 
libelous was true, and was published with good motives and 
for justifiable ends, the party shall be acquitted. 

Sec. 8. The right of the people to be secure in their per- 
sons, houses, papers, and effects against unreasonable seizures 
and searches shall not be violated ; and no warrant shall issue 
but on probable cause, supported by oath or affirmation, 
particularly describing the place to be searched, and the 
persons and things to be seized. 

Sec. 9. The right of trial by jury shall remain inviolate ; 
but the General Assembly may authorize trial by a jury of a 
less number than twelve men in inferior courts ; but no 
person shall be deprived of life, liberty, or property without 
due process of law. 

Sec. 10. In all criminal prosecutions, and in cases involving 
the life or liberty of an individual, the accused shall have a 



J-l IOWA, ITS STATE AND LOCAL GOVERNMENT 



13 



14 



15 



16 



17 



18 



right to a speedy and public trial by an impartial jury ; to be 
informed of the accusation against him; to have a copy of the 
same when demanded ; to be confronted with the witnesses 
against him ; to have compulsory process for his witnesses ; 
and to have the assistance of counsel. 

Sec. 11. All offenses less than felony and in which the 
punishment does not exceed a fine of one hundred dollars, or 
imprisonment for thirty days, shall be tried summarily before 
a Justice of the Peace, or other officer authorized by law, on 
information under oath, without indictment, or the interven- 
tion of a grand jury, saving to the defendant the right of ap- 
peal ; and no person shall be held to answer for any higher 
criminal offense, unless on presentment or indictment by a 
grand jury, except in cases arising in the army, or navy, or in 
the militia, when in actual service, in time of war or public 
danger. 

Sec. 12. No person shall, after acquittal, be tried for the 
same offense. All persons shall, before conviction, be bail- 
able, by sufficient sureties, except for capital offenses where 
the proof is evident, or the presumption great. 

Sec. 13. The writ of habeas corpus shall not be suspended, 
or refused when application is made as required by law, un« 
less, in case of rebellion, or invasion, the public safety may 
require it. 

Sec. 14. The military shall be subordinate to the civil 
power. No standing army shall be kept up by the State in 
time of peace ; and in time of war, no appropriation for a 
standing army shall be for a longer time than two years. 

SEC. 15. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of 
war except in the manner prescribed by law. 

Sec. 16. Treason against the State shall consist only in 
levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall be convicted of treason, nw 



CONSTITUTION OF IOWA 15 

less on the evidence of two witnesses to the same overt act, or 
confession in open court. 

Sec. 17. Excessive bail shall not be required ; excessive 
fines shall not be imposed, and cruel and unusual punishment 
shall not be inflicted. 

Sec. 18. Private property shall not be taken for public use 
without just compensation first being made, or secured to be 
made, to the owner thereof, as soon as the damages shall be 
assessed by a jury, who shall not take into consideration any 
advantages that may result to said owner on account of the 
improvement for which it is taken. 

Sec. 19. No person shall be imprisoned for debt in any 
civil action, on mesne or final process, unless in case of fraud ; 
and no person shall be imprisoned for a militia fine in time of 
peace. 

Sec. 20. The people have the right freely to assemble 
together to counsel for the common good ; to make known 
their opinions to their representatives and to petition for a re- 
dress of grievances. 

Sec. 21. No bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts shall ever be passed. 

Sec. 22. Foreigners who are, or may hereafter become, 
residents of this State shall enjoy the same rights in respect 
to the possession, enjoyment, and descent of property as 
native-born citizens. 

Sec. 23. There shall be no slavery in this State, nor shall 
there be involuntary servitude, unless for the punishment of 
crime. 

Sec. 24. No lease or grant of agricultural lands, reserving 
any rent, or service of any kind, shall be valid for a longer 
period than twenty years. 

Sec. 25. The enumeration of rights shall not be construed 
to impair or deny others, retained by the people. 

[Sec. 26. No person shall manufacture for sale, or sell, or 



U) IOWA, ITS STATIC AND LOCAL GOVERNMENT 



keep for sale, as a beverage, any intoxicating liquors what* 
ever, including ale, wine, and beer. The General Assembly 
shall by law prescribe regulations for the enforcement of the 
prohibition herein contained, and shall thereby provide suita- 
ble penalties for the violation of the provision hereof.] 

[The foregoing amendment was adopted at a special election 
held on June 27, 1882. The supreme court, April 21, 1883, in 
the case of Koehler & Lange vs. Hill, and reported in 60th 
Iowa, page 543, held that, owing to certain irregularities, the 
same was not legally submitted to the electors, and did not be- 
come a part of the constitution.'] 



29 



30 



31 

32 
33 

34 



Article II. Right of Suffrage 



Section 1. Every [white] male citizen of the United States, 
of the age of twenty-one years, who shall have been a resident 
of this State six months next preceding the election, and of 
the county in which he claims his vote sixty days, shall be 
entitled to vote at all elections which are now or hereafter 
may be authorized by law. 

[Amended by striking out the word " white" at the general 
election in 1868.] 

Sec. 2. Electors shall, in all cases except treason, felony, 
or breach of the peace, be privileged from arrest on the days 
of election, during their attendance at such elections, going to 
and returning therefrom. 

Sec. 3. No elector shall be obliged to perform military duty 
on the day of election, except in time of war or public danger. 

Si.< . 4. No person in the military, naval, or marine service 
of the United States shall be considered a resident of this 
by being stationed in any garrison, barrack, or military 
or naval place or station within this State. 

Bl i . .">. No idiot, or insane person, or person convicted of 
any infamous crime shall be entitled to the privilege of an 
elector. 



. 



CONSTITUTION OF IOWA M 

Sec. 6. All elections by the people shall be by ballot. 

[Amendment.] The general election for State, district, 
county, and township officers shall be held on the Tuesday 
next after the first Monday in November. 

[The foregoing amendment was adopted at the general 
election in 1884.] 

Article III e Of the Distribution of Powers 

Section 1. The pow r ers of the government of Iowa shall be 
divided into three separate departments — the Legislative, the 
Executive, and the Judicial ; and no person charged w r ith the 
exercise of powers properly belonging to one of these depart- 
ments shall exercise any function appertaining to either of the 
others, except in cases hereinafter expressly directed or per- 
mitted. 

Legislative Department. 

Section 1 . The Legislative authority of this State shall be 
vested in a General Assembly, w T hich shall consist of a Senate 
and House of Representatives ; and the style of every law 
shall be : 

"Be it enacted by the General Assembly of the State of 
Iowa." 

Sec. 2. The sessions of the General Assembly shall be 
biennial, and shall commence on the second Monday in Janu- 
ary next ensuing the election of its members ; unless the 
Governor of the State shall, in the meantime, convene the 
General Assembly by proclamation. 

Sec. 3. The members of the House of Representatives shall 
be chosen every second year by the qualified electors of their 
respective districts, on the Tuesday next after the first Mon- 
day in November ; and their term of office shall commence on 
the first day of January next after their election, and continue 
two years, and until their successors are elected and qualified. 

Sec. 4. Xo person shall be a member of the House of 
Representatives who shall not have attained the age of 



18 iowa. its STATE A \D local GOVERNMENT 



twenty-one years, be a [free icJtite] male citizen of the United 

States, and shall have been an inhabitant of this State one 
year next preceding his election, and at the time of his 
election shall have had an actual residence of sixty days in the 
county or district he may have been chosen to represent. 

[Amended by striking out the words "free white," at the 
general election in 1SS0.] 

Sec. 5. Senators shall be chosen for the term of four years, 
at the same time and place as Representatives ; they shall be 
twenty-five years of age, and possess the qualifications of 
Representatives as to residence and citizenship. 

Sec. 6. The number of Senators shall not be less than one- 
third, nor more than one-half the Representative body ; and 
shall be so classified, by lot, that one class, being as nearly 
one-half as possible, shall be elected every two years. When 
the number of Senators is increased, they shall be annexed by 
lot to one or the other of the two classes, so as to keep them 
as nearly equal in numbers as practicable. 

Sec. 7. Each house shall choose its own officers, and judge 
of the qualification, election, and return of its own members. 
A contested election shall be determined in such manner as 
shall be directed by law. 

Sec. 8. A majority of each house shall constitute a quorum 
to transact business ; but a smaller number may adjourn from 
day to day, and may compel the attendance of absent members 
in such manner and under such penalties as each house may 
provide. 

Sec. 9. Each house shall sit upon its own adjournments, 
keep a journal of its proceedings, and publish the same; de- 
termine its rules of proceedings, punish members for dis- 
orderly behavior, and, with the consent of two-thirds, expel 
a member, but not a second time for the same offense ; and 
shall have all other powers necessary for a branch of the 
General Assembly of a free and independent State. 



46 



47 



48 



49 



50 



51 



52 



CONSTITUTION OF IOWA 19 

Sec. 10. Every member of the General Assembly shall 
have the liberty to dissent from, or protest against, any act or 
resolution which he may think injurious to the public or an 
individual, and have the reasons for his dissent entered on the 
journals ; and the yeas and nays of the members of either 
house, on any question, shall, at the desire of any two mem- 
bers present, be entered on the journals. 

Sec. 11. Senators and representatives, in all cases, except 
treason, felony, or breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and 
in going to and returning from the same. 

Sec. 12. When vacancies occur in either house, the Gov- 
ernor, or the person exercising the functions of Governor, 
shall issue writs of election to fill such vacancies. 

Sec. 13. The doors of each house shall be open, except on 
such occasions as, in the opinion of the house, may require 
secrecy. 

Sec. 14. Neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any other 
place than that in which they may be sitting. 

Sec. 15. Bills may originate in either house, and may be 
amended, altered, or rejected by the other ; and every bill, 
having passed both houses, shall be signed by the Speaker 
and President of their respective houses. 

Sec. 16. Every bill which shall have passed the General 
Assembly shall, before it becomes a law, be presented to the 
Governor. If he approve, he shall sign it ; but if not, he shall 
return it, with his objections, to the house in which it origi- 
nated, which shall enter the same upon their journal, and 
proceed to reconsider it ; if, after such reconsideration, it 
again pass both houses, by yeas and nays, by a majority of 
two-thirds of the members of each house, it shall become a 
law, notwithstanding the Governor's objections. If any bill 
shall not be returned within three days after it shall have 



20 IOWA, ITS STATE AND LOCAL GOVERNMENT 

been presented to him, Sunday excepted, the same shall be a 
law in like manner as if be bad signed it, unless tbe General 
Assembly, by adjournment, prevent such return. Any bill 
submitted to the Governor for bis approval during the last 
three days of a session of the General Assembly, shall be de- 
posited by him in the office of the Secretary of State, within 
thirty days after the adjournment, with his approval, if ap- 
proved by him, and with his objections, if he disapproves 
thereof. 

fjQ Sec. 17. No bill shall be passed unless by the assent of a 
majority of all the members elected to each branch of the 
General Assembly, and the question upon the final passage 
shall be taken immediately upon its last reading, and the 
yeas and nays entered on the journal. 

FJ^ Sec. 18. An accurate statement of the receipts and expendi- 
tures of the public money shall be attached to and published 
with the laws, at every regular session of the General As- 
sembly. 

KK Sec. 19. The House of Representatives shall have the sole 
power of impeachment, and all impeachments shall be tried 
by the Senate. When sitting for that purpose, the senators 
shall be upon oath or affirmation; and no person shall be con- 
victed without the concurrence of two-thirds of the members 
present. 

ri(\ Sec. 20. The Governor, Judges of the Supreme and District 
Courts, and other State officers shall be liable to impeach- 
ment for any misdemeanor or malfeasance in office ; but judg- 
ment in such cases shall extend only to removal from office, 
and disqualification to hold any office of honor, trust, or profit 
under this State ; but the party convicted or acquitted shall 
nevertheless be liable to indictment, trial, and punishment 
according to Law. All other civil officers shall be tried for 
misdemeanors and malfeasance in office, in such manner as 
the General Assembly may provide. 



57 



58 



59 



60 
61 



62 



CONSTITUTION OP IOWA 21 

Sec. 21. No senator or representative shall, during the 
time for which he shall have been elected, be appointed to 
any civil office of profit under this State which shall have 
been created, or the emoluments of which shall have been in- 
creased, during such term, except such offices as may be filled 
by elections by the people. 

Sec. 22. No person holding any lucrative office under the 
United States, or this State, or any other power, shall be 
eligible to hold a seat in the General Assembly ; but offices in 
the militia to which there is attached no annual salary, or the 
office of justice of the peace, or postmaster whose compensa- 
tion does not exceed one hundred dollars per annum, or notary 
public, shall not be deemed lucrative. 

Sec. 23. No person who may hereafter be a collector or 
holder of public moneys shall have a seat in either House of 
the General Assembly, or be eligible to hold any office of 
trust or profit in this State, until he shall have accounted for 
and paid into the treasury all sums for which he may be 
liable. 

Sec. 24. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. 

Sec. 25. Each member of the first General Assembly under 
this Constitution shall receive three dollars per diem while in 
session ; and the further sum of three dollars for every 
twenty miles traveled, in going to and returning from the 
place where such session is held, by the nearest traveled 
route ; after which they shall receive such compensation as 
shall be fixed by law ; but no General Assembly shall have 
power to increase the compensation of its own members. And 
when convened in extra session they shall receive the same 
mileage and per diem compensation as fixed by law for the 
regular session, and none other. 

Sec. 26. No law of the General Assembly, passed at a 
regular session, of a public nature, shall take effect until the 



22 /OHM. ITS STAT/: AND LOCAL GOVERNMENT 



fourth day of July next after the passage thereof. Laws 
passed at a special session shall take effect ninety days after 
thf adjournment of the General Assembly by which they were 
passed, [f the General Assembly shall deem any law of im- 
mediate importance, they may provide that the same shall 
take effect by publication in newspapers in the State. 

Sec. 27. Xo divorce shall be granted by the General 
Assembly. 

Sec. 28. No lottery shall be authorized by this State ; nor 
shall the sale of lottery tickets be allowed. 

Sec. 29. Every act shall embrace but one subject, and mat- 
ters properly connected therewith ; which subject shall be 
expressed in the title. But if any subject shall be embraced 
in an act which shall not be expressed in the title, such act 
shall be void only as to so much thereof as shall not be ex- 
pressed in the title. 

Sec. 30. The General Assembly shall not pass local or 
special laws in the following cases : 

For the assessment and collection of taxes for State, county, 
or road purposes ; 

For laying out, opening, and working roads_or highways ; 

For changing the names of persons ; 

For the incorporation of cities and towns ; 

For vacating, roads, town plats, streets, alleys, or public 
squares ; 

For locating or changing county seats. 

In all the eases above enumerated, and in all other cases 
where a general law can be made applicable, all laws shall be 
general, and of uniform operation throughout the State ; and 
no law changing the boundary lines of any county shall have 
effect until upon being submitted to the people of the counties 
affected by the change, at a general election, it shall be ap- 
proved by a majority of the votes in each county, cast for and 
against it. 



COXSTITUTION OF IOWA 23 

68 Sec. 31. No extra compensation shall be made to any officer, 
public agent, or contractor after the service shall have been 
rendered, or the contract entered into ; nor shall any money 
be paid on any claim the subject-matter of which shall not 
have been provided for by pre-existing laws, and no public 
money or property shall be appropriated for local or private 
purposes, unless such appropriation, compensation, or claim 
be allowed by two- thirds of the members elected to each 
branch of the General Assembly. 

Sec. 32. Members of the General Assembly shall, before 
they enter upon the duties of their respective offices, take and 
subscribe the following oath or affirmation : U I do solemnly 
swear [or affirm, as the case may be] that I will support the 
Constitution of the United States and the Constitution of the 
State of Iowa, and that I will faithfully discharge the duties 
of Senator [or Representative, as the case may be] according 
to the best of my ability." And members of the General 
Assembly are hereby empowered to administer to each other 
the said oath or affirmation. 

Sec. 33. The General Assembly shall, in the years One 
thousand eight hundred and fifty-nine, One thousand eight 
hundred and sixty-three, One thousand eight hundred and 
sixty-five, One thousand eight hundred and sixty-seven, One 
thousand eight hundred and sixty-nine, and One thousand 
eight hundred and seventy-five, and every ten years there- 
after, cause an enumeration to be made of all the [white] in- 
habitants of the State. 

[Amended by striking out the icord " icltite" at the general 
election in 1868.] 

Sec. 34. The Senate shall be composed of fifty members 
to be elected from the several sensatorial districts, estab- 
lished by law and at the next session of the General As- 
sembly held following the taking of the State and national 
census, they shall be apportioned among the several counties 



24 WWA S ITS STATE AND LOCAL GOVERNMENT 



or districts of the State, according to population as shown 
by the last preceding census. 

Sec. 35. The House of Representatives shall consist of 
not more than one hundred and eight members. The ratio 
of representation shall be determined by dividing the whole 
number of the population of the State as shown by the last 
preceding State or national census, by the whole number 
of counties then existing or organized, but each county 
shall constitute one representative district and be entitled 
to one representative, but each county having a population 
in excess of the ratio number, as herein provided of three- 
fifths or more of such ratio number shall be entitled to 
one additional representative, but said addition shall ex- 
tend only to the nine counties having the greatest popula- 
tion. 

Sec. 36. The General Assembly shall, at the first reg- 
ular session held following the adoption of this amend- 
ment, and at each succeeding regular session held next 
after the taking of such census, fix the ratio of repre- 
sentation, and apportion the additional representatives, as 
hereinbefore required. 

[Amended at general election in 190%.] 

Sec. 37. When a congressional, senatorial, or repre- 
sentative district shall be composed of two or more coun- 
ties, it shall not be entirely separated by any county 
belonging to another district; and no county shall be 
divided in forming a congressional, senatorial, or repre- 
sentative district. 

Sec; 38. In all elections by the General Assembly, the 
members thereof shall vote viva voce, and the votes shall 
be entered on the journal. 



COXSTITUTIOX OF IOWA 



25 



Article IV. Executive Department' 

Section 1. The Supreme Executive power of the State 
shall be vested in a Chief Magistrate, who shall be styled the 
Governor of the State of Iowa. 

Sec. 2. The Governor shall be elected by the qualified 
electors at the time and place of votiug for members of the 
General Assembly, and shall hold his office two years from 
the time of his installation and until his successor is elected 
and qualified. 

Sec. 3. There shall be a Lieutenant Governor, who shall 
hold his office two years, and be elected at the same time as 
the Governor. In voting for Governor and Lieutenant Gov- 
ernor, the electors shall designate for whom they vote as Gov- 
ernor, and for whom as Lieutenant Governor. The returns of 
every election for Governor and Lieutenant Governor shall 
be sealed up and transmitted to the seat of government of the 
State, directed to the Speaker of the House of Representa- 
tives, who shall open and publish them in the presence of 
both Houses of the General Assembly. 

Sec. 4. The persons respectively having the highest num- 
ber of votes for Governor and Lieutenant Governor shall be 
declared duly elected; but in case two or more persons shall 
have an equal and the highest nuniDer of votes for either 
office, the General Assembly shall, by joint vote, forthwith 
proceed to elect one of said persons Governor, or Lieutenant 
Governor, as the case may be. 

Sec. 5. Contested elections for Governor or Lieutenant 
Governor shall be determined by the General Assembly in 
such manner as may be prescribed by law. 

Sec. 6. Xo person shall be eligible to the office of Gov- 
ernor or Lieutenant Governor who shall not have been a 
citizen of the L'nited States, and a resident of the State, two 



26 IOWA. ITS STATE AM) LOCAL GOVERNMENT 



82 
83 



84 

85 



86 

87 
88 



89 



years next preceding the election, and attained the age of 
thirty years at the time of said election. 

Sec. 7. The Governor shall be commander in chief of the 
militia, the army, and navy of this State. 

Sec. 8. He shall transact all executive business with the 
officers of government, civil and military, and may require in- 
formation in writing from the officers of the executive depart- 
ment upon any subject relating to the duties of their respec- 
tive offices. 

Sec. 9. He shall take care that the laws are faithfully 
executed. 

Sec. 10. When any office shall, from any cause, become 
vacant, and no mode is provided by the Constitution and laws 
for filling such vacancy, the Governor shall have power to 
fill such vacancy, by granting a commission, which shall ex- 
pire at the end of the next session of the General Assembly, 
or at the next election by the people. 

Sec. 11. He may, on extraordinary occasions, convene the 
General Assembly, by proclamation, and shall state to both 
Houses, when assembled, the purpose for which they shall 
have been convened. 

Sec. 12. He shall communicate, by message, to the General 
Assembly, at every regular session, the condition of the State,, 
and recommend such matters as he shall deem expedient. 

Sec. 13. In case of disagreement between the two Houses 
with respect to the time of adjournment, the Governor shall 
have power to adjourn the General Assembly to such time as 
he may think proper ; but no such adjournment shall be be- 
yond the time fixed for the regular meeting of the next Gen- 
eral Assembly, 

BBC. 14. No person shall, while holding any office under 
the authority of the United States, or this State, execute the 
office of Governor, or Lieutenant Governor, except as herein 
after expressly provided^ 



CONSTITUTION OF IOWA 



27 



Sec. 15. The official terra of the Governor and Lieutenant 
Governor shall commence on the second Monday of January 
after their election, and continue for two years and until their 
next successors are elected and qualified. The Lieutenant 
Governor, while acting as Governor, shall receive the same pay 
as provided for Governor ; and while presiding in the Senate, 
shall receive as compensation therefor the same mileage and 
double the per diem pay provided for a Senator, and none 
other. 

Sec. 16. The Governor shall have power to grant reprieves, 
commutations, and pardons, after conviction, for all offenses 
except treason and cases of impeachment, subject to such 
regulations as may be provided by law. Upon conviction for 
treason, he shall have power to suspend the execution of the 
sentence until the case shall be reported to the General As- 
sembly at its next meeting, w T hen the General Assembly shall 
either grant a pardon, commute the sentence, direct the exe- 
cution of the sentence, or grant a further reprieve. He shall 
have power to remit fines and forfeitures, under such regula- 
tions as may be prescribed by law ; and shall report to the 
General Assembly, at its next meeting, each case of reprieve, 
commutation, or pardon granted, and the reason therefor ; and 
also all persons in whose favor remission of fines and for- 
feitures shall have been made, and the several amounts remitted. 

Sec. 17. In case of the death, impeachment, resignation, 
removal from office, or other disabilities of the Governor, the 
powers and duties of the office for the residue of the term, or 
until he shall be acquitted, or the disability removed, shall 
devolve on the Lieutenant Governor. 

Sec. 18. The Lieutenant Governor shall be President of 
the Senate, but shall only vote when the Senate is equally 
divided ; and in case of his absence or impeachment, or 
when he shall exercise the office of Governor, the Senate shall 
choose a President pro tempore. 



28 tOWA, ITS STATE AND Local GOVERNMENT 



9± 



95 



90 



91 



98 

99 
100 



SEC. 19. If the Lieutenant Governor, while acting as Gov- 
ernor, shall be impeached, displaced, resign, or die, or other- 
wise become incapable of performing the duties of the office, 
the President pro tempore of the Senate shall act as Governor 
until the vacancy is filled or the disability removed ; and if 
the President of the Senate, for any of the above causes, shall 
be rendered incapable of performing the duties pertaining to 
the office of Governor, the same shall devolve upon the 
Speaker of the House of Representatives. 

Sec 20. There shall be a seal of this State, which shall be 
kept by the Governor, and used by him officially, and shall be 
called the Great Seal of the State of Iowa. 

Sec. 21. All grants and commissions shall be in the name 
and by the authority of the people of the State of Iowa, sealed 
with the Great Seal of the State, signed by the Governor, and 
countersigned by the Secretary of State. 

Sec. 22. A Secretary of State, Auditor of State, and Treasurer 
of State shall be elected by the qualified electors, who shall 
continue in office two years, and until their successors are 
elected and qualified ; and perform such duties as may be re- 
quired by law. 

Article V. Judicial Department 

Section 1. The Judicial power shall be vested in a Supreme ■ 
Court, District Court, and such other courts, inferior to the 
Supreme Court, as the General Assembly may, from time to 
time, establish. 

SEC. 2. The Supreme Court shall consist of three judges, 
two of whom shall constitute a quorum to hold court. 

Si .< ?>. The judges of the Supreme Court shall be elected 
by the qualified electors of the State, and shall hold their 
court at such time and place as the General Assembly may 
prescribe. The judges of the Supreme Court so elected shall 
be classified so that one judge shall go out of office every two 



CONSTITUTION OF IOWA 



29 



10i 



102 



103 



104 
105 

i 

106 



years ; and the judge holding the shortest term of office under 
such classification shall be Chief Justice of the court, during 
his term, and so on in rotation. After the expiration of their 
terms of office, under such classification, the term of each 
Judge of the Supreme Court shall be six years, and until his 
successor shall have been elected and qualified. The judges 
of the Supreme Court shall.be ineligible to any other office in 
the State during the term for which they shall have been 
elected. 

Sec. 4. The Supreme Court shall have appellate jurisdiction 
only in cases in chancery, and shall constitute a court for the 
correction of errors at law, under such restrictions as the Gen- 
eral Assembly may, by law, prescribe ; and shall have power 
to issue all writs and process necessary to secure justice to 
parties, and exercise a supervisory control over all inferior 
Judicial tribunals throughout the State. 

Sec. 5. The District Court shall consist of a single judge, 
who shall be elected by the qualified electors of the district in 
which he resides. The judge of the District Court shall hold 
his office for the term of four years and until his successor 
shall have been elected and qualified ; and shall be ineligible 
to any other office, except that of judge of the Supreme Court, 
during the term for which he was elected. 

Sec. 6. The District Court shall be a court of law and equity, 
which shall be distinct and separate jurisdictions, and have 
jurisdiction in civil and criminal matters arising in their re- 
spective districts, in such manner as shall be prescribed by 
law. 

Sec 7. The judges of the Supreme and District Courts shall 
be conservators of the peace throughout the State. 

Sec. 8. The style of all process shall be " The State of 
Iowa," and all prosecutions shall be conducted in the name 
and by the authority of the same. 

Sec. 9. The salary of each judge of the Supreme Court shall 



IOWA, ITS STATE AND LOCAL GOVERNMENT 

be two thousand dollars per annum ; and that of each district 
judge, one thousand six hundred dollars per annum, until the 
year eighteen hundred and sixty ; after which time they shall 
severally receive such compensation as the General Assembly 
may, by law, prescribe ; which compensation shall not be in- 
creased or diminished during the term for which they shall 
have been elected. 
I ( ■ < Sec. 10. The State shall be divided into eleven Judicial Dis- 
tricts ; and after the year eighteen hundred and sixty, the 
General Assembly may reorganize the judicial districts and 
increase or diminish the number of districts, or the number 
of judges of the said court, and may increase the number of 
judges of the Supreme Court ; but such increase or diminu- 
tion shall not be more than one district, or one judge of either 
court, at any one session ; and no reorganization of the dis- 
tricts, or diminution of the number of judges, shall have 
the effect of removing a judge from office. Such reorganiza- 
tion of the districts, or any change in the boundaries thereof, 
or increase or diminution of the number of judges, shall take 
place every four years thereafter, if necessary, and at no other 
time. 

108 [Amendment.] At any regular session of the General As- 
sembly, the State may be divided into the necessary judicial 
districts for District Court purposes, or the said districts may 
be reorganized and the number of the districts and the judges 
of said courts increased or diminished ; but no reorganization 
of the districts or diminution of the judges shall have the 
effect of removing a judge from office. 

[The foregoing amendment was adopted at the general elec- 
tion in 1884.] 

109 SEC. 11- T ne J U( lg es °f tne Supreme and District Courts 
shall be chosen at the general election ; and the term of office 
of each judge shall commence on the first day of January next, 
after his election. 



CONSTITUTION OF IOWA 



31 



110 



Sec. 12, The General Assembly shall provide, by law, for 
the election of an Attorney General by the people, whose term 
of office shall be two years and until his successor shall have 
been elected and qualified. 

[Sec. IS. Tfie qualified electors of each Judicial District shall, 
at the time of the election of District Judge, elect a District At- 
torney, tcho sliall he a resident of the district for ichich lie is 
elected, and icho shall hold his office for the term of four years 
and until his successor shall have been elected and qualified.] 

[The foregoing section teas stricken out and the folio icing sub- 
stituted therefor at the general election in I884.] 

[Sec. 13.] The qualified electors of each county shall, at 
the general election in the year 1886, and every two years 
thereafter, elect a county attorney, who shall be a resident of 
the county for which he is elected, and shall hold his office for 
two years and until his successor shall have been elected and 
qualified. 

[The foregoing section was adopted as a substitute for the 
original section at the general election in 1884.] 

Sec. 14. It shall be the duty of the General Assembly to 
provide for the carrying into effect of this article, and to pro- 
vide for a general system of practice in all the courts of this 
State. 

[Amendment.] The grand jury may consist of any number 
of members, not less than five nor more than fifteen, as the 
General Assembly may by law provide, or the General Assem- 
bly may provide for holding persons to answer for any criminal 
offense without the interference of a grand jury. 

[The foregoing amendment was adopted at the general elec- 
tion in 1884.] 

Article VI. Militia 

Section 1. The militia of this State shall be composed of all 
able-bodied [white'] male citizens between the ages of eighteen 



32 low \. its stat/-: AND local GOVERNMENT 

and forty-five years, except such as are, or may hereafter be, 
exempt by the laws of the United States or of this State n^d 
shall be armed, equipped, and trained as the Genera] Afc^eL. 
blv may provide by law. 

[Amended by striking out the word " white" at the general 
election in 1S6S.] 
ig Sec. 2. No person or persons conscientiously scrupulous of 
bearing arms shall be compelled to do military duty in time of 
peace ; provided, that such person or persons shall pay an 
equivalent for such exemption in the same manner as other 
citizens. 

117 Sec. 3. All commissioned officers of the militia (staff officers 
excepted) shall be elected by the persons liable to perform 
military duty, and shall be commissioned by the Governor. 



118 



119 



120 



Article VII. State Debts 

Section 1. The credit of the State shall not, in any manner, 
be given or loaned to, or in aid of, any individual, association, 
or corporation ; and the State shall never assume, or become 
responsible for, the debts or liabilities of any individual, asso- 
ciation, or corporation, unless incurred in time of war for the 
benefit of the State. 

Sec. 2. The State may contract debts to supply casual defi- 
cits or failures in revenues, or to meet expenses not otherwise 
provided for ; but the aggregate amount of such debts, direct 
and contingent, whether contracted by virtue of one or more 
acts of the General Assembly, or at different periods of time, 
shall never exceed the sum of two hundred and fifty thousand 
dollars ; and the money arising from the creation of such 
shall be applied to the purpose for which it was obtained, 
or to repay the debts so contracted, and to no other purpose 
whatever. 

Sec. 8. All losses to the permanent, School, or University 
fund of this State which shall have been occasioned by the 



CONSTITUTION OF IOWA 



33 



121 



122 



123 



defalcation, mismanagement, or fraud of the agents or officers 
controlling and managing the ^ame, shall be audited by the 
proper authorities of the State. The amount so audited shall 
be a permanent funded debt against the State, in favor of the 
respective fund sustaining the loss, upon which not less than 
six per cent, annual interest shall be paid. The amount of 
liability so created shall not be counted as a part of the in- 
debtedness authorized by the second section of this article. 

Sec. 4. In addition to the above limited power to contract 
debts, the State may contract debts to repel invasion, suppress 
insurrection, or defend the State in war ; but the money aris- 
ing from the debts so contracted shall be applied to the pur- 
pose for which it was raised, or to repay such debts, and to no 
other purpose whatever. 

Sec. 5. Except the debts hereinbefore specified in this 
article, no debt shall be hereafter contracted by or on behalf 
of this State, unless such debt shall be authorized by some law 
for some single work or object, to be distinctly specified therein ; 
and such law shall impose and provide for the collection of a 
direct annual tax. sufficient to pay the interest on such debt, 
as it falls due, and also to pay and discharge the principal of 
such debt, within twenty years from the time of contracting 
thereof ; but no such law shall take effect until at a general 
election it shall have been submitted to the people, and have 
received a majority of all the votes cast for and against it at 
such election ; and all money raised by authority of such law 
shall be applied only to the specific object therein stated, or to 
the payment of the debt created thereby ; and such law shall 
be published in at least one newspaper in each county, if one 
is published therein, throughout the State, for three months 
preceding the election at wmich it is submitted to the people. 

Sec. 6. The Legislature may, at any time after the approval 
of such law by the people, if no debt shall have been contracted 
in pursuance thereof, repeal the same ; and may, at any lime, 



::l low i. rrs STATS AND LOCAL GOVERNMENT 

forbid the contracting of any further debt, or liability, under 
such law ; but the tax imposed by such law, in proportion to 
tlu» debt or liability, which may have been contracted in pur- 
suance thereof, shall remain in force and be irrepealable, and 
be annually collected, until the principal and interest are fully 
paid. 

J 2 4: Sec. 7. Every law which imposes, continues, or revives a 
tax shall distinctly state the tax, and the object to which it is 
to be applied ; and it shall not be sufficient to refer to any 
other law to fix such tax or object. 



125 

126 
127 

128 
129 



130 



Article VIII. Corporations 

Section 1. No corporation shall be created by special laws ; 
but the General Assembly shall provide, by general laws, for 
the organization of all corporations hereafter to be created, ex- 
cept as hereinafter provided. 

Sec. 2. The property of all corporations for pecuniary profit 
shall be subject to taxation, the same as that of individuals. 

Sec. 3. The State shall not become a stockholder in any cor- 
poration; nor shall it assume or pay the debt or liability of any 
corporation unless incurred in time of war for the benefit of 
the State. 

Sec. 4. No political or municipal corporation shall become 
a stockholder in any banking corporation, directly or in- 
directly. 

Sec. 5. No act of the General Assembly, authorizing or 
creating corporations or associations with banking powers, nor 
amendments thereto, shall take effect, or in any manner be in 
force, until the same shall have been submitted, separately, to 
the people, at a general or special election, as provided by law, 
to be held not less than three months after the passage of the 
art, and shall have been approved by a majority of all the 
electors voting for and against it at such election. 

0. Subject to the provisions of the foregoing section, 



CONSTITUTION OF IOWA 



35 



131 



132 



133 



134 
135 
136 



the General Assembly may also provide for the establishment 
of a State Bank with branches. 

Sec. 7. If a State Bank be established, it shall be founded 
on an actual specie basis, and the branches shall be mutually 
responsible for each other's liabilities upon all notes, bills, and 
other issues intended for circulation as money. 

Sec. 8. If a general Banking law shall be enacted, it shall 
provide for the registry and countersigning, by an officer of 
State, of all bills, or paper credit designed to circulate as 
money, and require security to the full amount thereof, to be 
deposited with the State Treasurer, in United States stocks, or 
in interest paying stocks of States in good credit and standing, 
to be rated at ten per cent, below their average value in the 
city of New York, for the thirty days next preceding their 
deposit ; and in case of a depreciation of any portion of said 
stocks, to the amount of ten per cent, on the dollar, the bank 
or banks owning such stocks shall be required to make up said 
deficiency by depositing additional stocks ; and said law shall 
also provide for the recording of the names of all stockholders 
in such corporations, the amount of stock held by each, the 
time of any transfer, and to whom. 

Sec. 9. Every stockholder in a banking corporation or insti- 
tution shall be individually responsible and liable to its credi- 
tors, over and above the amount of stock by him or her held, 
to an amount equal to his or her respective shares so held, for 
all of its liabilities accruing while he or she remains such 
stockholder. 

Sec. 10. In case of the insolvency of any banking institution, 
the bill-holders shall have a preference over its other creditors. 

Sec. 11. The suspension of specie payments by banking im 
stitutions shall never be permitted or sanctioned. 

Sec. 12. Subject to the provisions of this article, the General 
Assembly shall have power to amend or repeal all laws for the 
organization or creation of corporations, or granting of special 



36 IOWA t ITS STATE AND LOCAL GOVERNMENT 



or exclusive privileges or immunities, by a vote of two thirds 
of each branch of the General Assembly; and no exclusive 
privileges, except as in this article provided, shall ever be 
granted. 



137 



138 



139 
140 



141 



Article IX, Education and School Lands 

1st. Education 

[Sections 1 to 15 of this Article created a Board of Education 
having power to legislate and make rules in relation to the 
schools of the State, but gave the General Assembly power to 
abolish such Board after the year 1863. Under this power the 
Board of Education was abolished by legislative enactment in 
the year 1864, and the sections referred to are here omitted at 
no longer of practical importance. 

2d. School Funds and School Lands 

Section 1. The educational antl school funds and lands 
shall be under the control and management of the General As* 
sembly of this State. 

Sec. 2. The University lands, and the proceeds thereof, and 
all moneys belonging to said fund shall be a permanent fund 
for the sole use of the State University. The interest arising 
from the same shall be annually appropriated for the support 
and benefit of said University. 

Sec 3. The General Assembly shall encourage, by all suit- 
able means, the promotion of intellectual, scientific, moral, and 
agricultural improvement. The proceeds of all lands that 
have been, or hereafter may be, granted by the United States 
to this State, for the support of schools, which may have been 
or shall hereafter be sold or disposed of, and the five hun- 
dred thousand acres of land granted to the new States, under 
an act of Congress distributing the proceeds of the public 
lands among the several States of the Union, approved in the 



142 



143 



144 



CONSTITUTION OF IOWA 37 

year of our Lord one thousand eight hundred and forty-one, 
and all estates of deceased persons who may have died with- 
out leaving a will or heir, and also such per cent, as has been 
or may hereafter be granted by Congress, on the sale of lands 
in this State, shall be and remain a perpetual fund, the in- 
terest of which, together with all rents of the unsold lands. 
and such other means as the General Assembly may provide, 
shall be inviolably appropriated to the support of common 
schools throughout the State. 

Sec. 4. The money which may have been or shall be paid 
by persons as an equivalent for exemption from military duty, 
and the clear proceeds of all fines collected in the several 
counties for any breach of the penal laws, shall be exclusively 
applied, in the several counties in which such money is paid, 
or fine collected, among the several school districts of said 
counties, in proportion to the number of youths subject to 
enumeration in such districts, to the support of common 
schools, or the establishment of libraries, as the Board of 
Education shall from time to time provide. 

Sec. 5. The General Assembly shall take measures for the 
protection, improvement, or other disposition of such lands as 
have been or may hereafter be reserved or granted by the 
United States, or any person or persons, to this State, for the 
use of the University and the funds accruing from the rents 
or sale of such lands, or from any other source for the pur* 
pose aforesaid, shall be and remain a permanent fund, the 
interest of which shall be applied to the support of said Uni- 
versity, for the promotion of literature, the arts and sciences, 
as may be authorized by the terms of such grant. And it 
shall be the duty of the General Assembly as soon as may be 
to provide effectual means for the improvement and perma- 
nent security of the funds of said University. 

Sec. 6. The financial agents of the school funds shall be 
the same that, by law, receive and control the State and 



38 tOWA, its STATE AND local (;oy ERSMENT 



145 



146 



147 



148 



countv revenue for other civil purposes, under such regula- 
tions as may be provided by law. 

SfiC. 7. The money subject to the support and maintenance 
of common schools shall be distributed to the districts in pro. 
portion to the number of youths between the ages of five and 
twenty-one years, in such manner as may be provided by the 
General Assembly. 

Article X. Amendments to the Constitution 

Section 1. Any amendment or amendments to this Constitu- 
tion may be proposed in either House of the General Assem- 
bly ; and if the same shall be agreed to by a majority of the 
members elected to each of the two Houses, such proposed 
amendment shall be entered on their journals, with the yeas 
and nays taken thereon, and referred to the Legislature to be 
chosen at the next general election, and shall be published, as 
provided by law, for three months previous to the time of 
making such choice ; and if, in the General Assembly so next 
chosen as aforesaid, such proposed amendment or amendments 
shall be agreed to by a majority of all the members elected 
to each House, then it shall be the duty of the General As- 
sembly to submit such proposed amendment or amendments 
to the people, in such manner and at such time as the Gen- 
eral Assembly shall provide; and if the people shall approve 
and ratify such amendment or amendments, by a majority of 
the electors qualified to vote for ' members of the General 
Assembly voting thereon, such amendment or amendments 
shall become a part of the Constitution of this State. 

2. If two or more amendments shall be submitted at 
the Bame time, they shall be submitted in such manner that 
the electors shall vote for or against each of such amendments 
separately. 

3. At the general election to be held in the year one 
thousand eight hundred and seventy, and in each tenth year 



149 



150 



151 



152 
153 



C0XSTITUTI0N OF IOWA 39 

thereafter, and also at such times as the General Assembly 
may, by law, provide, the question, " Shall there be a Con- 
vention to revise the Constitution, and amend the same?" 
shall be decided by the electors qualified to vote for members 
of the General Assembly ; and in case a majority of the 
electors so qualified, voting at such election for and against 
such proposition, shall decide in favor of a convention for such 
purpose, the General Assembly, at its next session, shall pro- 
vide by law for the election of delegates to such Convention. 

Article XI. Miscellaneous 

Section 1. The jurisdiction of Justices of the Peace shall 
extend to all civil cases (except cases in chancery and cases 
where" the question of title to real estate may arise) where the 
amount in controversy does not exceed one hundred dollars, 
and by the consent of parties may be extended to any amount 
not exceeding three hundred dollars. 

Sec. 2. No new county shall be hereafter created containing 
less than four hundred and thirty-two square miles ; nor shall 
the territory of any organized county be reduced below that 
area ; except the County of Worth, and the counties west of 
it, along the Xorthern boundary of this State, may be organized 
without additional territory. 

Sec. 3. No county, or other political or municipal corpora- 
tion, shall be allowed to become indebted in any manner or 
for any purpose to an amount, in the aggregate, exceeding 
five per centum on the value of the taxable property within 
such county or corporation — to be ascertained by the last State 
and county tax lists, previous to the incurring of such in- 
debtedness. 

Sec. 4. The boundaries of the State may be enlarged, with 
the consent of Congress and the General Assembly. 

Sec. 5. Every person elected or appointed to any office shall, 
before entering upon the duties thereof, take an oath or aflir- 



40 IOWA. ITS STATE AXD LOCAL GOVERNMENT 



154 



155 



156 



157 



158 



159 



mat ion to support the Constitution of the United States, and 
of this State, and also an oath of office. 

Sec. 6. In all cases of elections to fill vacancies in office, 
occurring before the expiration of a full term, the person so 
elected shall hold for the residue of the unexpired term ; and 
all persons appointed to fill vacancies in office shall hold until 
the next general election and until their successors are elected 
and qualified. 

Sec. 7. The General Assembly shall not locate any of the 
public lands which have been or may be granted by Congress 
to this State, and the location of which may be given to the 
General Assembly, upon lands actually settled, without the 
consent of the occupant. The extent of the claim of such 
occupant, so exempted, shall not exceed three hundred and 
twenty acres. 

Sec. 8. The seat of government is hereby permanently estab- 
lished, as now fixed by law, at the city of Des Moines, in the 
County of Polk ; and the State University at Iowa City, in the 
County of Johnson. 

Article XII. Schedule 

Section 1. This Constitution shall be the supreme law of 
the State, and any law inconsistent therewith shall be void. 
The General Assembly shall pass all laws necessary to carry 
this Constitution into effect. 

Sec. 2. All laws now in force and not inconsistent with this 
Constitution shall remain in force until they shall expire or 
be repealed. 

[77ie remaining sections prescribing when and how the Consti- 
tution shall go into effect, the time of holding the first election 
thereunder, and other similar provisions, having served their 
temporary purpose, are here omitted.'] 



CHAPTER II 

IOWA IN HISTORY 

i. Discovery. (1673) — Prior to the year 1673, 
that portion of the United States embracing the 
present State of Iowa was wholly unknown to the 
civilized world. At that date the hardy French 
explorers, Joliet and Marquette, with five fol- 
lowers, made their way in birch canoes from 
Green Bay np the Fox Eiver, and thence down the 
"Wisconsin Eiver to its junction with the Mississ- 
ippi. Turning their frail craft southward, these 
brave men followed the course of the great un- 
known stream as far as the mouth of the Ar- 
kansas, and thus revealed to man the beauty and 
promise of the northwest. 

2. Claimed by France — By virtue of these dis- 
coveries, all the western half of the great Mis- 
sissippi Valley was claimed by France as a part 
of her domain; but, so far as history discloses, 
Iowa thereafter remained unvisited by white men 
for more than a century. 

3. Ceded to Spain. (1763) — In the year 1763, 
France, being engaged in war with England, and 
finding it difficult to defend her foreign provinces, 
ceded all her possessions in the Mississippi Val- 
ley to Spain. 

41 



42 /oil.!. ITS CONSTITUTION AND LAWS 

4. Retransferred to France. (1800) — This ar- 
rangement proved to be temporary only, and in 
the year 1800 Spain restored the province to its 
original owner, France. 

5. Ceded to the United States. (1803) — France, 
being involved in the desperate struggles which 
accompanied the rise of Napoleon, found it ex- 
pedient to part with the possession of the terri- 
tory thus regained, and in 1803 sold it to the 
United States for a comparatively insignificant 
sum of money. 

6. Attached to Indiana. (1804) — In the follow- 
ing year the so-called Louisiana Purchase was 
divided in two parts, the northern portion 1 (in- 
cluding what is now Iowa) being called the dis- 
trict of Louisiana, and, for the temporary pur- 
poses of government, placed under the jurisdic- 
tion of the Territory of Indiana. 

7. Made Part of Missouri Territory. (1805) — 
One year later the District of Louisiana was 
given a territorial government of its own, and in 
the year 1812 its name was changed to Territory 
of Missouri. 

8. Attached to Michigan. (1834) — In the year 
1834, all that part of the United States north of 
the State of Missouri and west of the Mississippi 
was attached to the territory of Michigan, under 
which jurisdiction it remained but two years. 

9. Made Part of Wisconsin. (1836)— In 1836, 
after the admission of Michigan into the Union 
as a State all that region now included in the 
Stales of Wisconsin, Iowa, Minnesota ? and part 



DEVELOPMENT OF THE CONSTITUTION. 43 

of the Dakotas, was organized into a new Terri- 
tory under the name of "Wisconsin. 

10. Made an Independent Territory. (1838) — 
Two years later, July 3, 1838, all that part of the 
then Territory of Wisconsin lying west of the 
Mississippi River was erected into an independ- 
ent Territory nnder the name of Iowa. 

11. Admitted to the Union. (1846) — Having 
rapidly increased in population, the Territory 
applied for admission to the Union; and, after 
considerable controversy as to the boundaries of 
the proposed State, its admission was perfected 
December 28, 1846. The boundaries of the State, 
as finally settled, will be found described in the 
preamble of the Constitution (2). 



CHAPTER III 

DEVELOPMENT OF THE CONSTITUTION 

i. State Constitutions not Uniform — While all 
States conform to the general requirements of a 
republican form of government, they differ widely 
in the management and administration of public 
affairs. For example, every State has its gov- 
ernor and other executive officers, but in no two 
States do these officers exercise exactly the same 
powers or perform exactly the same duties; all 
States have legislatures, but each State, by its 
constitution, has placed its own peculiar limita- 
tions and restrictions upon the legislative power ; 
and, while all have judicial systems, in no two 



44 /(ill 1. ITS CONSTITUTION IND LAWS 

States are the courts arranged upon the same 
plan or given precisely the same jurisdiction. 

2. Varieties of Local Government — So, also, 
there is great lack of uniformity in the method by 
which the various States provide for local, or 
neighborhood government. In the New England 
States, local government is exercised almost ex- 
clusively by the voters of the several towns or 
townships assembled in annual mass- or town- 
meetings; while in the Southern States township 
government is unknown. Again, in some States 
county government is vested in a board of super- 
visors having many members, organized and act- 
ing with much of the formality of higher legisla- 
tive bodies, while in others it is entrusted to a 
board of three commissioners, and in still others 
to a single county judge. These are but a few 
of the many features of variance between the 
state governments, but they are sufficient to illus- 
trate the point made in the following paragraphs. 

3. Early Settlement — No permanent white set- 
tlement having been effected in Iowa until about 
the year 1833, the nations and the territorial gov- 
ernments exercising nominal sway over it prior 
to that time have Left none of their peculiarities 
Impressed upon its constitution or laws. After 
1833, settlement was rapidly augmented by immi- 
gration from nearly every State in the Union; 
but anions these pioneers, the natives of New 
England, the Middle States, and Kentucky largely 
predominated. 

4. Their Influence — These founders and build- 



RELATION OF TEE STATE AXD NATION 45 

ers of the commonwealth, coming, as we have 
seen, from widely separated States differing in 
constitutions, laws, and customs, were naturally 
inclined to model the new State and its institu- 
tions upon those under which they had been 
reared, with the result that the Iowa system is 
in many respects a conglomerate of features and 
principles borrowed from many sources, with 
such modifications and additions as the peculiari- 
ties of the situation seemed to render expedient. 
5. Value of the Work Accomplished — This fact 
does not detract anything from the credit due to 
those who performed this important work. A 
constitution, law, or system made by judicious 
selection from others which have been put to the 
test of actual experiment may easily be an im- 
provement upon all its models ; and now, after 
fifty years of statehood, Iowa stands second to 
none in the efficiency and success of her govern- 
ment, or in the contentment and prosperity of her 
people. 

CHAPTER IV 

RELATION OF THE STATE AXD NATION 

i. The General Government — It is assumed that 
the student entering upon the study of these chap- 
ters has already made himself familiar with the 
principles of the government of the United States. 
If so, he has learned that the Federal Constitu- 
tion is a written charter setting forth the author- 
ity conferred upon the general government by 



46 IOWA, /Ts CONSTITUTION AND LAWS 

the people. The nation has no rightful power 
and can exercise no rightful authority of any 
kind, for which there is not express or implied 
wan-ant in the national Constitution. 

2. The State Government — The office of a State 
constitution is different. It does not undertake so 
much to provide what the State government may 
do, as to enumerate the things which it may not 
do, and the rights of the people which it may 
not limit or destroy. 

3. Difference in Legislative Power — In legisla- 
tive, or law-making power the difference between 
State and nation may be stated thus: The Con- 
gress of the United States can enact only such 
law.s as are expressly or impliedly author- 
ized by the national Constitution, while the State 
legislature can enact any law which is not ex- 
pressly or impliedly forbidden by the national or 
State constitution. In other words, the nation 
can exercise only such powers as have been 
granted to it by the people, while the State may 
exercise all powers not withheld or forbidden by 
the people. A little reflection will make plain 
this very wide distinction between national and 
State jurisdiction. 

4. National Supremacy — In considering the 
great power exercised by the several States, the 
student should avoid the mistake of undervalu- 
ing the authority of the general government. 
Within the limit of its constitutional powers, it 
is supreme over all the States. It is the embodi- 
ment of national authority as distinguished from 



CONSTITUTION AIDED BY STATUTES' 47 

the local self-government of the several States. 
Through it alone we deal with foreign powers; 
by it we are known to the world as one great 
nation, and, in so far as the national integrity, 
safety, and credit are concerned, its claim to the 
allegiance and obedience of every citizen cannot 
be rightfully questioned. 

5. State Supremacy — The national government 
does not, however, undertake to protect the lives, 
persons, or property of the citizens of the several 
States, except against foreign invasion and do- 
mestic insurrection. This duty and all others of 
a local character, the regulation of all commerce 
within the State, the preservation of public peace 
and order, and numberless other subjects of leg- 
islation which most nearly touch the people in 
their every-day lives, are left to the States ex- 
clusively. 

CHAPTEE V 

CONSTITUTION AIDED BY STATUTES 

i. Constitution an Outline — It will be noticed 
by the careful reader that in niost respects the 
Constitution is a mere outline or statement of 
general rules and principles, and makes little if 
any attempt to describe the details of govern- 
ment, or give minute directions as to the adminis- 
tration of public affairs. These things have been 
wisely left to the legislature to regulate by appro- 
priate laws, as changing circumstances may, from 
time to time, render expedient. 



4S WWA S ITS COXSTITLTIOX lV/> LAWS 

2. Statutes Enacted— The legislature lias, there- 
fore, enacted many laws to make effectual the 
various provisions of the Constitution. In the 
succeeding chapters of this volume will be set 
forth in brief form, under appropriate heads, not 
only the constitutional outline above mentioned, 
but legislative enactments as well, so far as the 
same may be necessary to an intelligent under- 
standing of our State and local government. 

3. Explanatory — The name applied by the Con- 
stitution to the legislative or law-making branch 
of the State government is "The General Assem- 
bly of Iowa," but in this volume we shall use the 
words "general assembly" and "legislature" in- 
terchangeably, as expressing the same idea. By 
the word "statute" is meant a law enacted by 
the legislature, and liable to amendment or re- 
peal by the same power. It is understood, of 
course, that a constitutional provision cannot be 
amended or modified by act of the legislature. 



PERSONAL BIGHTS 49 

CHAPTER VI 

PERSONAL EIGHTS 

i. Article I of the Constitution — The first article 
of the Constitution, commonly known as the Bill 
of Eights, is a declaration of certain important 
rights and immunities pertaining to the people 
individually and collectively. These rights are 
thus specially mentioned in the fundamental law 
of the State, to secure them against unfriendly 
and oppressive legislation, and to protect the peo- 
ple against usurpation and tyranny by any 
branch of the government. 

2. Natural Rights — Section 1 of this article (3) 
re-affirms the rights so forcibly asserted in the 
Declaration of Independence, — the natural free- 
dom and equality of all men; the enjoyment and 
defense of liberty; the acquirement, possession, 
and protection of property; and the unrestricted 
pursuit of safety and happiness. 

3. Summary of all Civil Rights — It may well be 
said that this section of the Constitution sum- 
marizes all the most sacred rights of the citizen, 
and that the declaration contained in the remain- 
der of Article I are simply more specific or par- 
ticular statements of the principles therein 
embodied. The right to life, liberty, property, 
and the pursuit of happiness is so plain to the just 
mind that no argument can make it clearer ; yet 
history shows us that in ail ages of the world 



50 /on l. //.< COltSflfl 7/ov AND LAWS 

men have been compelled to struggle for its 
recognition, and to endure untold hardships in 
Its defense. 

4. Nature of Government — The next section (4) 
defines the true nature and source of all govern- 
ment, declaring that all political power is inherent 
in the people, that government is instituted for 
their protection, security, and benefit, and that 
they have the right to alter or reform it when- 
ever, in their judgment, the public good requires 
such action. 

5. Political Power — The term "political pow- 
er," as used in the preceding paragraph, means 
all governmental power, — legislative, executive, 
and judicial. This power cannot be rightfully 
taken from the people, nor can they, by a volun- 
tary surrender of it, deprive themselves of the 
right to alter or reform the government whenever 
they believe just cause exists for such change. 
They may by voluntary consent delegate the ad- 
ministration of these powers to a government, 
monarchical or republican as the case may be; 
but whenever the delegated power is abused, or 
the general good requires a change in such gov- 
ernment, the people may resume it, or may in- 
augurate and enforce any change which they think 
for their own best interests. 

6. Monarchy and Republic Contrasted — The rec- 
ognition of this principle constitutes the essential 
distinction between a popular and a monarchical 
form of government. In the latter, the king is the 
source of all power; he is the sovereign; every 



PERSONAL BIGHTS 51 

officer, civil, military, and naval, from the highest 
to the lowest, looks to that sovereign as the ulti- 
mate and final authority which commands his alle- 
giance and obedience. In a republic, every branch 
of the government, and every officer, is a servant 
of the people. In nation and State alike, we test 
all laws and all governmental powers by the con- 
stitution ; but the constitution is itself the creature 
of the people's will. 

7. Rule of the Majority — When we say that the 
powers of the government depend upon the con- 
sent of the governed, it must be remembered that 
the consent of the people, as a State or nation, is 
meant. That consent must be determined by the 
voice of the majority. Absolute unanimity can 
never be expected. 

8. Religious Liberty — Religious liberty is guar- 
anteed to every citizen of the State (5 and 6). 
The legislature cannot rightfully enact any law 
for the establishment of religion. Xo taxes can 
be levied or collected for church or religious pur- 
poses. Neither can a person's religious views be 
made a test of his right to hold office, or his right 
to exercise or enjoy any of the rights of citizen- 
ship. 

9. Propriety of these Guarantees — It may seem 
strange to the young student of the present day 
that it should be thought necessary to incorporate 
these guarantees in the Constitution; but it is 
not long since that in England and in some parts 
of our own country a man holding certain relig- 
ious views was prohibited from holding office, was 



52 IOWA, ITS CONSTITUTION AND LAWS 

not permitted to testily as a witness in court, and 
in many other respects was treated as an outlaw, 
io. Penalty for Dueling — In the earlier years of 
the present century the practice of dueling was 
quite general. Some of the most prominent men 
in American history, including Alexander Hamil- 
ton, Aaron Burr, Andrew. Jackson, Henry Clay, 
and Thomas H. Benton, yielded to the custom of 
their times, and participated in these murderous 
combats. With the advance of Christian civili- 
zation, public sentiment has come to discounte- 
nance the barbarous practice, and it is now rarely 
resorted to. To prevent such crimes in this State, 
the Bill of Bights (7) provides that any citizen 
engaging in a duel, either as principal or acces- 
sory, forfeits his right to hold office. 

11. Penalty not Exclusive — Disqualification for 
office is not the only penalty to which the duelist 
subjects himself. The killing of a person in such 
contest is murder in the first degree, and punish- 
able accordingly. 

12. Laws to be Uniform. (8) — All laws of a 
general nature must have uniform operation, and 
the legislature must not grant to any citizen or 
class of citizens privileges or immunities which 
are not open to the enjoyment of all other citizens 
on the same terms. This is intended to prevent 
unfair discrimination by the State between indi- 
viduals or classes, to prevent the establishment 
of monopolies, and to preserve, as far as possible, 
equality of right and equality of opportunity to 
all the people. 



PERSONAL RIGHTS 53 

13. Freedom of Speech and Press — Within proper 
limits, every person may freely speak, write, and 
publish his views on any subject (9). This does 
not give any one license to publish immoral or 
obscene literature, nor to falsely accuse another 
of crime, or hold him up to public hatred and con- 
tempt. These things are an abuse of the freedom 
which the Constitution seeks to preserve. 

14. Greater Restriction in Other Countries — 
Under other forms of government, freedom of 
speech, and more especially freedom of the press, 
is restricted within narrow limits. In many coun- 
tries all books and newspapers are subject to in- 
spection by a public censor, without whose permis- 
sion no publication can be lawfully made. 

15. Security of Person and Home — Xo right is 
more highly valued by the freeman than the right 
to occupy his own home, secure from unnecessary, 
impertinent, or oppressive interference by others. 
It is an old English saying that "a man's house is 
his castle," and the principle that not even the 
king or the State or its officers may arbitrarily 
disturb his domestic privacy is firmly established 
in every English-speaking country in the world. 
It is, therefore, provided (10) that before the 
house of a citizen can be searched, or his person, 
papers, or property seized, a warrant must be 
issued for that purpose, upon sworn complaint, 
showing probable cause for such action. 

16. Rights of Persons Charged with Crime — The 
power to suppress and punish crime is a necessary 
attribute of all government. It is equally neces- 



54 /mi 1, its CONSTITUTION AND laws 

sary that the exercise of this power be guarded 
against abuse, and that no person be subjected to 
the ignominy of criminal punishment, except upon 
fair and impartial trial. 

x 7- J ur Y Trial — Every person charged with 
crime is entitled to trial by a jury (n and 12). 
However imperfect the jury system may be, the 
experience of centuries has firmly established it 
in the affections and confidence of the people, and 
it is extremely doubtful if any other plan could be 
devised which would work more satisfactorily or 
to better public advantage. 

18. Word Defined^The word "jury," when 
not otherwise qualified, means a body of twelve 
men duly selected for the trial of a question of 
fact, in a court of competent jurisdiction. A jury 
of six persons is authorized for the trial of petty 
misdemeanors before justices of the peace; but 
every person so convicted may appeal to the dis- 
trict court, and thus obtain a new trial before a 
full jury of twelve. 

19. Right cannot be Waived — The right to trial 
by jury is so imperative that even where an ac- 
cused person has voluntarily waived it, and con- 
sented to be tried before the court, without a jury, 
he is not bound by it, and if so convicted he may 
have the judgment set aside, and be granted a 
new trial in the usual form. 

20. Trial to be Speedy and Public. (12) — One 
who is placed under arrest on charge of crime 
must not be detained an unreasonable time with- 
out a hearing, but must be given a speedy and 



PERSONAL RIGHTS 55 

public trial. He must also be informed of the 
precise nature of the charge made against him,- 
must be allowed to see and hear the witnesses 
who testify against him, must be given means to 
compel the attendance of witnesses in his own be- 
half, and be permitted to have the assistance of 
counsel. 

. 21. Petty Misdemeanors. (13) — Offenses against 
the law for which the highest punishment does not 
exceed a fine of one hundred dollars, or thirty 
days' imprisonment in the county jail, are com- 
monly called " petty misdemeanors," and are 
tried before justices of the peace. 

22. How Tried — Such proceedings are begun by 
presenting to the justice of the peace a sworn 
complaint called an ''information," stating the 
facts constituting the alleged offense. Upon this 
information a warrant is issued for the arrest of 
the accused, who is thus brought before the magis- 
trate, and the truth of the charge is tried in the 
usual way. Cases of this class are never tried in 
the district court except on appeal. 

23. Indictable Offenses — No person can be 
brought to trial for any offense of a higher degree 
than those above named, except upon indictment 
by a grand jury. A grand jury is a body of men 
duly summoned to attend the district court in each 
county to inquire into indictable offenses against 
the laws of the State, and to determine whether 
any person charged with such offense shall be put 
on trial. An indictment is simply a formal writ- 
teri accusation made to the court by a grand jury, 



56 /ohm, its CONSTITUTION AND J,\}\s 

charging some particular person or persons with 
the commission of a crime, and stating the facts 
constituting it. The district court alone has jur- 
isdiction to try this class of cases. 

24. Cannot be Twice Tried. (14) — If a person 
charged with crime is once tried and acquitted, 
he cannot be again put on trial for the same 
offense. This rule sometimes works an apparent 
injustice to the State, for it may easily happen 
that, after the accused has been acquitted, new 
evidence is discovered which would conclusively 
establish his guilt. It is thought better, however, 
that a guilty person occasionally thus escape just 
punishment than that the innocent be exposed to 
oppression and persecution by being again and 
again forced to stand trial upon the same charge. 

25. Right to Bail. (14) — Except when charged 
with a capital offense, where the proof is evident 
or the presumption is great, all persons have the 
right to bail until they have been duly tried and 
convicted. A capital offense is one which is pun- 
ishable by death. The right to bail is the right to 
go at large on giving proper security for appear- 
ance before the court whenever called upon for 
trial. 

26. Habeas Corpus is sometimes called "the 
great writ of personal liberty/' It is the grandest 
safeguard against despotism which jurisprudence 
affords. The words are Latin and mean "You 
may have the body." II' a prisoner thinks his ar- 
resl is unlawful, he, or any one in his interest, may 
apply to a judge of a higher court for a writ of 



PERSONAL RIGHTS 57 

habeas corpus. The judge examines the case; if 
he decides the prisoner is lawfully held, he re- 
mands him to prison ; if not, he orders his release. 
This writ is not to be suspended or denied except 
when, by reason of rebellion or invasion, the pub- 
lic safety may require it. 

27. Military Subordinate to Civil Power. (16, 17) 
— Sections 14 and 15 of the Bill insure the people 
of the State against military oppression. Mili- 
tary authority is of necessity arbitrary, and mili- 
tary officers, being accustomed to command and 
having the power to enforce obedience to their 
requisitions, are sometimes betrayed into disre- 
gard of private right and into contempt of the 
civil law. It is, therefore, the policy of all repub- 
lican governments to provide strong safeguards 
against abuses of this nature. 

28. Treason — Treason is the highest crime 
known to the law (18). It consists only in levying 
war against the State, adhering to its enemies, or 
giving them aid and comfort. 

Under monarchical governments, almost every 
act or word which could be construed as disre- 
spectful to the sovereign or as a denial of his 
right to rule has been held to be treasonable and 
punished with death. Such severity is inconsist- 
ent with our free institutions. 

29. How Established. (18) — No person can be 
convicted of treason except on the evidence of at 
least two witnesses to the same overt act, or con- 
fession in open court. 

By " overt act" is meant some actual effort to 



58 IOWA, ITX CONSTITUTION AND LAWS 

wage war against the State or to assist its enemies 
in time of war — as distinguished from disloyal 
words or sentiments. 

30. Excessive Bail, etc. — The Constitution also 
provides against oppression by the courts under 
forms of law, and to that end forbids (19) the 
requirement of excessive bail, the imposing of ex- 
cessive fines, and the infliction of cruel and un- 
usual punishments. 

31. Taking Private Property for Public Use. 
(20) — Private property is not to be taken for pub- 
lic use without compensation. It often becomes 
necessary to obtain or appropriate the property 
of the private citizen for the public benefit. For 
instance, ground maj^ be needed for the site of a 
schoolhouse, or for a public highway, or other 
similar public purpose; and in such cases the 
rights of the individual owner must yield to the 
general good, — but not until proper compensation 
has been made. 

32. No imprisonment for Debt. (21) — There 
can be no imprisonment for debt in any civil 
action, on mesne or final process, unless in case of 
fraud ; nor can any person be imprisoned for non- 
payment of a militia fine. 

33. Words Defined — The word "action," as 
used in this section of the Constitution, means a 
proceeding or suit at law for the collection of a 
debt. "Mesne process," as here used, is a writ 
or warrant issued in such proceeding or suit for 
the arresl and detention of the debtor until the 
cn>e can be tried. "Final process" is a writ ov 



PERSONAL tilGHTS 59 

warrant issued after the case is tried, to imprison 
the debtor until he pays or performs the judg- 
ment rendered against him. 

34. Right of Assembly and Petition. (22) — The 
people may at all times meet and counsel together 
for the common good, and to petition the proper 
authorities for the redress of their real or sup- 
posed grievances. 

35. Bills of Attainder. (23) — Following the ex- 
ample set in the Constitution of the United States, 
Iowa, also, forbids all bills of attainder and ex 
post facto laws. A Bill of Attainder is an Act of a 
legislature inflicting the punishment of death 
upon a person for treason or other crime, with- 
out trial by a regular court; it takes away his 
right to inherit property or to transmit property 
to his heirs. Ex post facto Law is a law that 
makes punishable as a crime an act which was not 
criminal when done, or that increases the penalty 
for a crime after it has been committed. 

36. Rights of Foreigners. (24) — Persons of for- 
eign birth residing within the State enjoy the 
same property rights as native-born citizens. 
This liberal policy has attracted a large immigra- 
tion from European countries and contributed 
very much to the rapid development of the State. 
A foreign-born citizen who becomes naturalized 
under our laws is not considered an alien in any 
sense, and enjoys the same rights of citizenship 
as if native-born. 

37. Slavery Forbidden. (25) — Slavery never 
had legal existence in Iowa; but, at the time the 



60 IOWA, ITS roXsT/Tl TIOX AXI> LAWS 

State was organized, the institution was strongly 
entrenched in the South. The conflict of opinion 
between the North and South over the extension 
of slavery was very bitter, and the application of 
a new State for admission to the Union was al- 
ways the signal for heated discussion and contro- 
versy. 

38. Result of Compromise — In the year 1846, 
both Iowa and Florida were seeking admission to 
the Union. In the former antislavery sentiment 
prevailed, w^hile the interests and sympathies of 
the latter were with the slave States. As either 
of these applications, standing alone, would excite 
great opposition from those holding contrary 
views upon the slavery question, a compromise 
was effected by which both States were admitted 
at the same time and by the same bill or act of 
Congress — one as a free and the other as a slave 
State. 

39. A Monument of Honor — To the present gen- 
eration, it seems an anomaly that a "free coun- 
try" should deem it necessary to put up a con- 
stitutional barrier against slavery; but, to those 
familiar with the prejudices and passions then 
surrounding this subject in the public mind, the 
constitutional prohibition of human bondage 
-land- as a monument to the wisdom, justice, and 
honor of the men who laid the foundation of our 
State. 

40. Leases of Lands. (26) — Leases of agricul- 
tural lands for terms of more than twenty years 

e invalid. 



RIGHT OF SUFFRAGE 61 

41. Reasons for such Restriction — Long leases 
and other devices by which the ownership of lands 
is perpetuated indefinitely in the same family or 
line of descent tends to create a landed aristocracy 
and thus to weaken and endanger republican insti- 
tutions. They also serve to prevent the division 
and sale of lands and thereby lessen the number 
of citizens who own and control their own homes. 



CHAPTER VII 

EIGHT OF SUFFRAGE 

i. Its Importance — The right to vote is the most 
sacred and valuable privilege which can be con- 
ferred upon the citizen. It is therefore highly 
proper that the Constitution should define such 
privilege in clear terms and guard it so far as 
possible from abuse and destruction. 

2. Qualification for Suffrage. (30) — The right 
to vote depends upon the following qualifications : 

1st, Sex; 2d, Citizenship; 3d, Age; 4th, Resi- 
dence. 

These qualifications are separately considered 
in the following sections. 

3. Sex — During the earlier history of the re- 
public the right of suffrage was exercised by male 
citizens alone. Of late years the extension of 
suffrage to women has been earnestly advocated 
and the proposition has been received in many 
States with increasing favor. Three of the 
newer States, Wyoming, Colorado, and Utah ? 



62 IOWA, ITS CONSTITUTION AND LAWS 

make no distinction between the sexes in this re- 
spect, but extend the voting privilege to men and 
women on equal terms. 

4. Partial or Limited Suffrage — In some States 
where equal suffrage does not yet prevail, women 
have been granted the right to vote for school 
officers and upon certain other matters of a local 
character. A recent act of the Iowa legislature 
permits women to take part in elections upon ques- 
tions of issuing bonds, borrowing money, or in- 
creasing taxation. 

5. Citizenship — To be a legal voter a person 
must be a citizen of the United States. All 
native-born and naturalized subjects of the gen- 
eral government are citizens. Congress prescribes 
that a foreign-born person may be naturalized 
after living in this country five years. The first 
step is to declare an oath before a court that he 
intends to become a citizen ; after this declaration, 
he must wait two years ; then, if the court is satis- 
fied that he has lived five years in the United 
States and one year in the state in which the 
court is held, it may admit him as a citizen after 
he has sworn to support the Constitution of the 
Tinted States. 

6. Age — A citizen of immature age, and unde- 
veloped mind and judgment is manifestly unpre- 
pared for the responsibility of suffrage. By the 
common law of England, generally followed in the 
Tinted States, twenty-one years is fixed as the 
age at which the child is considered fitted for 
emancipation from parental control, and in har- 



niGHT OF SUFFRAGE 63 

mony with this ancient rule the Constitution pre- 
scribes the same age as the period for admission 
to the most important privilege of citizenship. 

7. Residence — The voter must have resided in 
the State six months and in the county where he 
offers his vote sixty days. "Without some restric- 
tion of this kind great frauds could be easily per- 
petrated. Idle and corrupt men could go from 
place to place voting repeatedly on the same day, 
or, by temporarily concentrating in one or more 
precincts, manufacture fraudulent majorities for 
any candidate. 

8. Residence Defined — The residence of a voter 
is his permanent home or place of abode. One 
who remains in a place for the temporary pur- 
poses of business, pleasure, or education, does not 
thereby become a resident or legal voter, even 
though such temporary sojourn be prolonged into 
months or years. 

9. Privilege of Electors. (31) — On election days 
electors are privileged from arrest, except for 
treason, felony, or breach of the peace, during 
their attendance at the polls, and while going to 
and returning therefrom (3 2 ). They are also 
exempt from military duty on such days, except 
in time of war or public danger. The word 
"elector" is synonymous with "voter" or 
"legal voter." 

10. Reasons for Privilege — These provisions are 
made to prevent the corrupt and oppressive mis- 
use of legal process and military power. But 
for the privilege thus secured, voters might be 



(54. YOU l, ITS CONSTITUTION AND LAWS 

arrested on trivial charges or called away on un- 
necessary military service for the mere purpose of 
keeping* them from the polls. 

ii. Not Privileged — As above noted, the privi- 
lege from arrest does not extend to persons 
charged with treason or felony, or to those who 
may be engaged in a breach of the peace. 
Treason and felonies are crimes of a grave and 
serious character, and it is to the interest of 
society that persons charged therewith be appre- 
hended whenever and wherever found. A felony, 
under the laws of this State, is any public offense 
punishable by imprisonment in the penitentiary. 

12. Persons in Military Service. (33) — Members 
of the army and navy of the United States are not 
to be considered residents by reason of service at 
any military or naval station in the State. 

13. Not Entitled to Vote. (34) — Idiots, insane 
persons, and persons convicted of any infamous 
crime are not legal voters. The term "infamous 
crime" as here used is synonymous with "fel- 
ony" as defined in the tenth paragraph of this 
chapter. This disability or penalty for crime can 
be removed by the order or pardon of the Gov- 
ernor of the State. 

14. Voting by Ballot. (35) — The manner of vot- 
ing is by ballot. Each. State has its peculiar 
manner of balloting; but the essential features by 
which the voter is guarded from intimidation and 
improper influence, and the secrecy of the ballot 

ved, are everywhere given special attention. 

15. Australian Ballo"— iu Iowa, as in many of 



RIGHT OF SUFFRAGE 65 

the states, the so-called Australian method of bal- 
loting has been adopted. By this method all the 
different party tickets are printed in parallel col- 
umns upon one large sheet, and opposite the name 
of each individual candidate is placed a square, 
□ . These ballots are furnished by public author- 
ity and placed in the hands of the judges of elec- 
tion at each polling-place. 

1 6. Manner of Balloting — The person desiring to 
vote applies to the officers in charge of the polls 
and receives one of the sheets containing all the 
tickets as above described, and retires alone to a 
small stall or booth to prepare his ballot. If by 
reason of bodily infirmity or inability to read he 
cannot properly mark the ballot, he may have the 
assistance of two of the officers of the election. 

17. Marking the Ballot- — In the seclusion of the 
booth the voter proceeds to mark his ballot in 
favor of the ticket or candidate of his choice. If 
he wishes to vote what is ordinarily called a 
"straight" party ticket he place a cross X in 
the squares before the names of all the candidates 
appearing in one column under the party name 
of the party of his choice. 

18. Voting a " Mixed " or " Split " Ticket— If the 
voter desires to vote a "mixed" or "split" 
ticket — that is, for the candidates of one party 
for certain offices and for the candidates of an- 
other party for other offices he places a cross, 
X, in the square opposite the name of each indi- 
vidual candidate for whom he wishes his vote to 
be counted. 



fin /out, /TV? oovsnruriow and laws 

19. Depositing the Ballot — Before leaving the 
booth the voter is required to fold his ballot in 
such manner as to wholly conceal the vote he has 
prepared. This being done, he delivers it to the 
proper officer, who deposits it in the ballot-box. 

20. General Election — The general election for 
State, district, county, and township officers is 
held each even numbered year on the Tuesday 
next after the first Monday in November. 



LEGISLATIVE DEPARTMENT 67 

if 

CHAPTER VIII 

DISTRIBUTION OF POWERS 

i. Three Departments. (36) — The powers of 
the government are divided into three separate 
departments: the Legislative, the Executive, and 
the Judicial. In this respect, the plan or struc- 
ture of the State government is identical with that 
of the National government. 

2. Departments kept Separate — These depart- 
ments are to be kept separate and independent of 
each other, and no officer of one department can 
lawfully exercise any duty or power belonging to 
either of the others. 

CHAPTER IX 

LEGISLATIVE DEPARTMENT 

i. General Assembly. (37) — The legislative 
authority of the State is vested in a Senate and 
House of Representatives. Every law of the 
State begins with the sentence "Be it enacted 
by the General Assembly of the State of 
Iowa. ' ' 

2. Legislative Sessions. (38) — The regular ses- 
sions of the General Assembly occur once in two 
years, beginning on the second Monday in Jan- 
uary next after the election of its members. 



68 IOWA, lis CONSTITl Tlo\ AND LAWS 

Special sessions may be called at any time by 
proclamatioD of the Governor of the State. 

3. Election of Representatives. (39) — Members 
of the House of Representatives are chosen every 
second year by vote of the qualified electors of 
their respective districts, and their term of office 
begins on the first day of January following their 
election. Representatives are chosen at the regu- 
lar November election in each even numbered 
year. 

4. Qualification of Representatives. (40) — A 
member of the House of Representatives must be 
a male citizen of the United States, twenty-one 
years of age, and at the time of his election must 
have been a resident of the State one year, and 
of the county or district he is chosen to represent 
at least sixty days. 

5. Senators. (41) — Senators are chosen for 
the term of four years. They must be at least 
twenty-five years of age, and in other respects 
have the qualifications required for membership 
of the House of Representatives. 

6. Senators Classified. (42) — -The number of 
Senators must not be less than one-third nor more 
than one-half the number of Representatives, and 
so classified that one-half their number shall be 
elected every two years. 

7. Number of Members — The number of mem- 
bers of the General Assembly is the maximum 
allowed by the Constitution (7 2 ), fifty Senators, 
and one hundred and eight Representatives. 

8. Officers — The Lieutenant-governor of the 



LEGISLATIVE DEPARTMENT 69 

State is the President of the Senate (43). All 
other officers are chosen by their respective 
houses. The presiding officer of the House of 
Representatives is elected from its own member- 
ship, and is known as the Speaker. Each house 
chooses a chief clerk and assistants, a sergeant- 
at-arms, doorkeepers, and such other officers as 
may be found necessary for the proper despatch 
of business. 

9. Contests. (43) — "Whenever any question is 
raised as to the qualification or election of a mem- 
ber, the house in which he claims a seat decides 
it, and from such decision there is no appeal. 

10. Quorum. (44) — A majority of each house 
constitutes a quorum to transact business, but a 
smaller number may adjourn from day to day and 
compel the attendance of absent members. 

11. Rules. (45) — Each house adopts its own 
rules of order and business, keeps a journal of its 
proceedings, and has power by a two-thirds vote 
to expel a member, but not a second time for the 
same offenses. Upon the demand of any two 
members of either house the vote upon any ques- 
tion shall be taken by yeas and nays, and a record 
of the same entered on the journals. 

12. Privilege. (47) — Except for treason, felony, 
or breach of the peace, Senators and Representa- 
tives are exempt from arrest and imprisonment 
during the session of the General Assembly and 
while going to and returning therefrom. 

13. Vacancies. (48) — Whenever a vacancy 
occurs in either house, the Governor of the State 



70 IOWA, ITS CONSTITUTION AND LAWS 

Issues a writ calling' a special election to fill such 
vacancy. 

14. Public Sessions. (49) — The sessions of each 
house are open to the public except when, in the 
opinion of such house, the public interests require 
secrecy. Secret sessions of either house are very 
rare. The general welfare is best served when 
the people are kept fully informed of the manner 
in which public officers are performing the trust 
reposed in them. 

15. Bills. (51) — A proposed law presented by 
any member of either house, for the consideration 
of the legislature is called a bill. Bills may be 
first presented in either house, but are subject to 
be amended, altered, or rejected by the other. 

16. How passed. (53) — In order to pass a bill, 
it must receive the vote or assent of a majority of 
all the members elected to each house. 

17. Approval. (52) — When a bill has passed 
both houses, it is rewritten in full, embodying all 
amendments and changes, if any, which it has re- 
ceived during its consideration and passage. 
This copy, known as the "enrolled bill," is signed 
by the President of the Senate and Speaker of 
the House, and sent to the Governor for his ap- 
proval. If the Governgr has no objection to the 
bill he indorses his approval upon it, and the 
course of legislation as to such act is complete. 

18. Where kept — After being signed and ap- 
proved, the enrolled bill is filed with the Secretary 
of State and safely preserved. If any dispute 
afterward arises as to the exact language or read- 



LEGISLATIVE DEPARTMENT 71 

ing of the law, an examination of the enrolled bill 
is the final test. Any mistake made in the enroll- 
ment and not corrected before it is signed and 
approved, can be corrected only by the enactment 
of another law repealing or amending the defec- 
tive act. 

19. Veto. (52) — If the Governor does not ap- 
prove a bill, it is his duty to return the same to 
the house in which it was first introduced, with a 
statement of his objections. Upon being so re- 
turned the bill is reconsidered, and, if it is again 
passed by a vote of two-thirds of all the members 
of each house, it becomes a law notwithstanding 
the Governor's veto. 

20. When Bill is to be Returned. (52) — When 
a bill has been sent to the Governor and he does 
not return it within three days with his approval 
or veto, it becomes a law in the same manner as if 
he had approved it in the usual form. This rule 
does not apply where the legislature by adjourn- 
ment prevents the return of the bill within the 
required time. Very many of the bills which be- 
come laws are not passed until near the close of 
the session, and to give the Governor ample oppor- 
tunity to examine them he is allowed thirty days 
in which to approve or disapprove all bills sent 
to him during the last three days before final ad- 
journment. 

21. Publication of Receipts, etc. (54) — As soon 
as practicable after the close of a session of the 
General Assembly the laws enacted by it are pub- 
lished in book form, With these laws an accurate 



,2 IOWA. ITS CONSTITl 770V AND LAWS 

statement of the receipts and disbursements of 
public moneys is given. 

22. Impeachments. (55) — The only way in 
which the Governor, or any Judge of the Supreme 
or District Court, or other State officer can be 
removed from office for breach of duty is by im- 
peachment. To impeach means to charge with a 
crime or misdemeanor, especially to charge an offi- 
cer with misbehavior in office; it is analogous to 
an indictment by a grand jury. An officer may be 
impeached, and, on trial, be found "not guilty" of 
the accusation. 

The House of Representatives acts as the ac- 
cuser, and appoints a committee of managers from 
its membership to prosecute the accused officer, 
while the Senate sits as a court to hear and decide 
the case. No person can be convicted on such 
trial without the concurrence of two-thirds of the 
Senators present. 

23. Punishment. (56) — The judgment to be en- 
tered upon a conviction in such case cannot extend 
beyond a removal of the convicted person from 
office, and his disqualification to hold any office 
of honor, trust, or profit under the State. 

24. Purpose — The purpose of an impeachment 
is not the punishment of crime, but simply the re- 
moval of an unfit person from office; and any 
officer committing a public offense may be in- 
dicted, tried, and punished according to the usual 
tonus of law whether he be impeached or not. 

23. Members Ineligible. (57) — No Represents- 



LEGISLATIVE DEPARTMENT 73 

tive or Senator can be appointed to any civil office 
of profit under the State, which has been created 
or the emoluments of which have been increased 
during the session of the legislature in which he 
has served as a member. He who undertakes to 
legislate for the State should be uninfluenced by 
considerations of profit or advantage to himself; 
and this provision is made to remove any tempta- 
tion, which otherwise might exist on the part of 
members, to create an office or increase the salary 
of an office for their own benefit. This restriction 
does not apply to elective officers. 

26. Officers Ineligible to Membership. (58) — 
Xo person holding any lucrative office under the 
United States or this State or any other power 
is eligible to a seat in the General Assembly. A 
lucrative office is one to which some substantial 
salary or compensation is attached. 

27. Defaulters Disqualified. (59) — Xo person 
who has been a collector or holder of public 
moneys can have a seat in either house of the 
General Assembly until he shall have accounted 
for and paid into the treasury all sums for which 
he is liable. It is obviously just that one who 
stands an admitted or proved defaulter should not 
be trusted to legislate for the State while refusing 
to make restitution. 

28. How Money Drawn. (60) — Xo money can 
be lawfully drawn from the State treasury but 
in pursuance of appropriations previously made 
Or authorized by law. Any other rule would place 



,4 /'Ml i. ITS CONSTITUTION AND LAWS 

too much power in the discretion of individual 
officers, and open the door to extravagance and 
corruption in public expenditures. 

29. Payment of Members. (61) — The members 
of the first General Assembly received payment 
at the rate of three dollars per day and an addi- 
tional allowance for traveling expenses. At pres- 
ent the compensation is $550 and mileage for 
each regular session, with a proportionate amount 
for each special session based upon the number 
of days in the last preceding regular session. 

30. Laws take Effect. (62) — Laws enacted at 
a regular session of the General Assembly take 
effect on the Fourth day of July next after their 
passage. Laws enacted at a special session take 
effect ninety days after the final adjournment of 
the General Assembly by which they are passed. 
If the General Assembly deems any law of im- 
mediate importance, it may provide that the same 
shall take effect at once upon publication of the 
same in two or more newspapers in the State. 

31. No Divorce Granted. (63) — No divorce can 
be legally granted nor can any lottery be legally 
authorized by the General Assembly. In some 
States it was formerly the rule to grant divorce 
by special act of the legislature, but experience 
lias >liown that such matters can be best adjudi- 
cated in the courts. 

32. Lotteries Forbidden. (64) — Though former- 
ly recognized by law, lotteries and dealings in 
lottery tickets are now generally regarded as 
gambling transactions, having a demoralizing 



LEGISLATIVE DEPARTMENT 75 

effect upon all who engage therein. They are 
therefore wholly forbidden in this State. 

33. Subject Expressed in Title. (65) — Each act 
or law passed by the General Assembly must em- 
brace but one subject, which shall be indicated 
or expressed in the title. If any act or bill so 
passed contains any provision which does not 
relate to the subject named in the title, then such 
provision is void. So, too, if the title names or 
discloses two distinct subjects, then the act is en- 
tirely void. 

34. Special Laws Forbidden. (66) — The General 
Assembly is forbidden to pass local or special 
laws for any of the following purposes : 

1. For the assessment and collection of taxes; 

2. For laying out and working highways ; 

3. For changing the names of persons; 

4. For incorporating cities and towns ; 

5. For vacating roads, town plots, and public 
squares ; 

6. For locating and changing county-seats. 

35. Laws to be General. (67) — As far as pos- 
sible all laws must be general, and apply alike to 
all parts of the State. 

36. Extra Compensation. (68) — Xo extra com- 
pensation can be made to any officer, public agent, 
or contractor, nor can there be any lawful ap- 
propriation of public moneys for merely local or 
private uses, without the approval of two thirds 
of all the members elected to each branch of the 
General Assembly. 

37. Oath of Office. (69) — Each member of the 



7(1 IOWA, its 0ON8T1TI T10V AX/> LAWS 

General Assembly must take and subscribe an 
oath or affirmation to support the Constitution 
of the United States and of the State of Iowa, 
and to faithfully perform the duties of his office 
to the best of his ability. The custom of requir- 
ing" all newly elected officers to thus solemnly 
renew their allegiance to their country, and de- 
vote their best endeavors to the discharge of their 
official duties, is one of ancient origin, and is a 
fitting recognition of the high and important 
character of the public service. 

38. Census. (70) — It is the duty of the Gen- 
eral Assembly to cause an enumeration or census 
of the population to be- made every ten years. 
This census is arranged to alternate at equal in- 
tervals with the United States census, which is 
also taken every ten years, thus securing an 
enumeration of the people every five years. The 
last State census was taken in the year 1905. 

39. Senatorial Districts. (71) — At the first ses- 
sion after a State or National census has been 
taken the General Assembly fixes the number of 
Senators and divides the State into a correspond- 
ing number of senatorial districts. 

40. Membership Limited. (72) — The member- 
ship of the Senate is limited to fifty and of the 
House of Representatives to one hundred and 
eight These members are apportioned among 
the counties or districts of the State according 
to population, but each county shall have at least 
one representative. 



LEGISLATIVE DEPARTMENT 7 < 

41. Ratio — The ratio of representation in the 
house is determined by dividing the whole num- 
ber of inhabitants of the State by the whole num- 
ber of counties. 

42. Representative Districts. ('72) — Each county 
shall constitute one representative district and 
be entitled to one representative, but each county 
having a population in excess of the ratio number 
of three-fifths of such ratio number shall be en- 
titled to one additional representative, but said 
addition shall extend only to the nine counties 
having the greatest population. 

43. When Apportioned. (73) — At each regular 
session the General Assembly fixes the ratio of 
representation in the House of Eepresentatives, 
and apportions the additional representations. 

44. Basis of Representation — It will be observed 
that representation in both legislative branches is 
apportioned to the number of inhabitants by coun- 
ties rather than by an absolutely equal apportion- 
ment among the inhabitants of the State as a 
whole. The county is thus in some respects made 
the unit of representation (74). 

45. Elections by General Assembly (75) — In ad- 
dition to the election of its own officers the gen- 
eral assembly is also charged with the duty of 
electing Senators of the United States and va- 
rious State officers. At all such elections the mem- 
bers must vote orally, and the votes so announced 
must be entered on the journal. The reasons for 
voting by secret ballot at ordinary elections by 



78 IOWA, ITS CONSTITUTION AND LAW'S 

the people do not apply to elections by the legis- 
lature. The members act in a representative ca- 
pacity, and it is the right of each member's 
constituents to know how he discharges the duty 
confided to him. ' 



EXECUTIVE DEPARTMENT 79 



CHAPTER X 

EXECUTIVE DEPARTMENT 

i. The Governor. (76) — The supreme executive 
power of the State is vested in a chief magis- 
trate, whose official title is "The Governor of the 
State of Iowa." 

2. How and When Elected. (77) — He is elected 
by vote of the qualified electors of the State at 
the election at which members of the General As- 
sembly are chosen, being the regular election in 
November of each even-numbered year, and holds 
his office two years from the time of his installa- 
tion and until his successor is elected and qual- 
ified. 

3. Lieutenant Governor. (78) — A Lieutenant 
Governor is also elected at the same time and 
for the same term as the Governor. 

4. Returns of Election. (78) — The returns or re- 
ports of the votes cast for Governor and Lieuten- 
ant Governor, as the same have been collected 
and counted by the proper officers in each of the 
several counties of the State, are sealed up and 
sent to the State Capitol, directed to the Speaker 
of the House of Eepresentatives. 

5. Canvass of the Vote. (78, 79) — As soon as 
the General Assembly is organized by the election 
of its own officers, the two houses meet in joint 
session in the representative chamber. The meet- 



si) tOWA, ris c()\st/ti Tio\ Attn LAW8 

ing is presided over by the Speaker of the House 
of Representatives, who opens the sealed returns 
in the presence of all the members. The votes 
thus reported for the several candidates for the 
offices of Governor and Lieutenant Governor are 
footed up, and those appearing to have received 
the greatest number for the respective offices are 
declared duly elected. 

6. Tie Decided — Should it happen that a tie is 
found in the votes of any two or more of the can- 
didates for either office, the Joint Assembly pro- 
ceeds at once to make an election from the candi- 
dates thus standing equal in the popular vote. 
The possibility of a tie ever occurring in the vote 
of a great State is very remote. 

7. Contested Elections. (80) — Much more prob- 
able than a tie is a case in which disputes arise 
over the regularity or the returns of an election. 

If the election of a Governor or Lieutenant Gov- 
ernor is thus contested, it is to be decided in such 
manner as the General Assembly may by law 
provide. Under the statute now in force, when 
such a contest is made the Senate and the House 
of Representatives each selects by lot seven of 
its own members, and the fourteen persons thus 
designated constitute a committee or court before 
which the trial is had. The finding and judgment 
of the committee is final and conclusive. 

8. Eligibility. (81) — To be eligible to the office 
of Governor or Lieutenant Governor, a person 
must be at least thirty years old, and must have 
been a citizen of the United States and a resident 



EXECUTIVE DEPARTMEXT 81 

of the State for the two years next preceding his 
election. 

9. Commander in Chief. (82) — The Governor is 
commander in chief of the militia, army, and navy 
of the State. The State maintains no army or 
navy in times of peace. 

10. Executive Business. (83) — He represents 
the State in the transaction of all executive busi- 
ness with the officers of government, civil and 
military. He may also call upon any of the of- 
ficers of the executive department for reports upon 
any subject relating to the duties of their respec- 
tive offices. 

11. Filling Vacancies. (85) — When any office 
becomes vacant, and the law has not provided any 
other method for filling such vacancy, the Gov- 
ernor may fill it by appointment. Such appoint- 
ment will expire at the next session of the Gen- 
eral Assembly or at the next election by the peo- 
ple. 

12. Extra Sessions. (86) — When in his judg- 
ment the circumstances require it, he may con- 
vene the General Assembly in special session. 
When so. convened, it is his duty to explain to 
both houses the reasons why he has called them 
together. 

13. Messages. (87) — The Governor sends to 
the General Assembly at each regular session a 
formal message, reporting the condition of the 
State, and making such recommendations as he 
thinks expedient. 

14. Adjourning the Legislature. (88) — Should 



82 TOWA, its CONSTITUTION AND 1 J ^^YX 

the two houses be unable to agree as to the time 
for the final adjournment of any session, the Gov- 
ernor lias power to declare the General Assembly 
adjourned to such dale as he may think proper, 
but not beyond the time fixed by law for the meet- 
ing of the next General Assembly. 

15. Must Hold No Other Office. (89) — While ex- 
ercising the office of Governor or Lieutenant Gov- 
ernor a person must not hold any other office 
under the authority of the United States or of this 
State. 

16. Official Term. (90) — The official term of the 
Governor and Lieutenant Governor begins on the 
second Monday of January next after their elec- 
tion. If for any reason no election is held at the 
proper time, or if the person elected to either of 
these offices fails to accept or qualify by taking 
the prescribed oath, there is no vacancy, because 
the incumbent of the office for the prior term holds 
over until a successor is duly elected and qualified. 

17. Holding Over — As the General Assembly 
which canvasses the vote for Governor and Lieu- 
tenant Governor does not convene until the sec- 
ond Monday in January, and cannot proceed with 
the canvass until both houses are duly organized, 
it rarely, if ever, happens that the newly elected 
executive is inaugurated promptly on the first 
day of his official term. It has happened on one 
or two occasions that a long contest over the elec- 
tion of Speaker of the House of Representatives 
lias delayed the inauguration for weeks, during 



EXECUTIVE DEPARTMENT 83 

which time the retiring Governor and Lieutenant 
Governor have held over. 

18. Reprieves and Pardons. (91) — The Governor 
has power to grant reprieves, commutations, and 
pardons for all offenses except treason and cases 
of impeachment. In cases of treason he may 
suspend the execution of the sentence until time 
is had to report the matter to the General As- 
sembly, which may pardon, commute the sentence, 
or order it to be carried into effect. He may also 
remit fines and forfeitures. 

19. Words Defined— A reprieve is an executive 
order postponing or extending the time for carry- 
ing into execution the judgment or sentence pro- 
nounced by the court in a criminal case. A com- 
mutation is an executive order modifying or 
changing such judgment or sentence to one of less 
severity. A pardon is an executive order by 
which a person convicted of crime is forgiven 
and wholly relieved from the judgment or sen- 
tence pronounced against him. To remit a fine 
or forfeiture is to relieve the person charged 
therewith from all liability for its payment. 

20. Order of Succession. (92) — In case of the 
death, impeachment, resignation, removal from 
office, or other disability of the Governor the 
duties of the office devolve upon the Lieutenant 
Governor (94)- If the Lieutenant Governor, 
while acting as Governor, be impeached, die, 
resign, or be otherwise disabled, the president 
pro tempore of the Senate acts as Governor, and 



84 IOWA, ITS CONSTITUTION AND LAWS 

should he also be rendered incapable of perform- 
ing the duties of the office, they devolve upon 
the Speaker of the House of Representatives. 

21. Office Never Vacant — Should the office of 
Governor ever become vacant, and the State gov- 
ernment thus be left without a responsible head 
or superintendent, much confusion and possible 
anarchy would follow. Hence the careful pro- 
vision above mentioned to provide for the suc- 
cession, should the duly elected incumbent be in 
any manner removed or disqualified. The in- 
stant one incumbent dies or becomes incapaci- 
tated the powers of the office devolve upon his 
successor, and there is never a time when there 
is not some one to whom the people may look 
as the chief magistrate. 

22. President of the Senate. (93) — The Lieuten- 
ant Governor acts as president of the Senate, but 
has no vote in its proceedings except when the 
Senate is equally divided. In the event of his 
absence or impeachment, or when exercising the 
office of Governor, the Senate chooses a president 
pro tempore from its own membership. 

23. Great Seal. (95) — The State provides, for 
the use of the executive, a seal termed The Great 
Seal of the State of Iowa. This seal is an in- 
strument by which the name and emblem of the 
State may be impressed upon paper, parchment, 
or other similar material upon which an official 
document is written. 

24. . How Used. (96) — When the Governor has 
occasion to issue a proclamation, or sign a com- 



EXECUTIVE DEPARTMENT 85 

mission, or to execute any other important instru- 
ment in his official capacity, he causes an impres- 
sion of the seal to be made thereon opposite his 
name. The presence of the seal upon the docu- 
ment is a sign and evidence of its official character 
and of the genuineness of the Governor's signa- 
ture. 

25. Secretary of State. (97) — It is the duty of 
the Secretary of State to keep and preserve all 
the original laws and resolutions of the legisla- 
ture, the original and authentic copies of the 
State constitutions and of the amendments there- 
to; also all books, records, maps, registers, and 
papers lawfully deposited in his office. He coun- 
tersigns all commissions issued by the Governor, 
keeps a register of such commissions, and has 
many other duties of minor importance. 

26. Auditor of State. (97) — The office of Audi- 
tor of State is one of great importance. He is 
the general bookkeeper and accountant of the 
State. He keeps strict account of all financial 
transactions between the State and all other 
States, governments, officers, and private per- 
sons ; settles the accounts of public debtors, and 
all claims against the treasury. No money, how- 
ever small the amount, can be lawfully drawn 
from the State treasury otherwise than upon his 
written warrant or order. He is also charged 
with enforcing the laws regulating the business 
of insurance and of banking within the State. 

27. Treasurer of State. (97) — As indicated by 
his title, the chief duty of the Treasurer is to 



86 WWA, its CONSTITUTION AND LAWS 

receive, safely keep, and properly account for all 
moneys of the State. He must make no payments 
from the treasury but upon the warrant or order 
of the auditor, and must keep a full and detailed 
account of all liis receipts and disbursements. 

28. Executive Council — The Governor, Secre- 
tary of State, Auditor of State, and Treasurer 
of State constitute what is called the Executive 
Council. This council superintends the State cen- 
sus, has charge and care of the property of the 
State where no other provision is made therefor, 
purchases the necessary furniture and supplies 
for the several State offices, and makes such other 
lawful expenditures as are found necessary and 
are not otherwise provided for. It also assesses 
railroads for the purposes of taxation, and equal- 
izes the general assessment of property as be- 
tween the different counties of the State. 

29. Attorney-General, (no) — The Attorney- 
General is the legal representative or attorney for 
the State. He is required to attend in person at 
each session of the General Assembly and give 
the members and State officers the benefit of his 
advice upon matters of law. He also represents 
the State in the courts in all matters affecting its 
interests. 

30. Superintendent of Public Instruction — This 
officer, commonly known as the State Superin- 
tendent, has genera] supervision of the county 
superintendents and of all the common schools 
of the State. lie hears and decides appeals taken 
from the acts and decisions of county superin- 



EXECUTIVE DEPARTMENT 87 

tendents, attends teachers' institutes, and per- 
forms other services calculated to promote the 
efficiency of our system of public education. 

31. Railroad Commissioners — Under an act of 
the General Assembly the State is provided with 
a Board of Railroad Commissioners. This board 
is given authority to inquire into any neglect or 
violation of the laws of the State by railway cor- 
porations, and to examine the condition of rail- 
roads and railroad bridges and cause them to be 
kept in repair. It also hears complaints made 
against railroad companies on account of over- 
charges, and in a general way undertakes the 
adjustment of controversies arising out of the 
manner in which such companies conduct their 
business. By a late law the commissioners are 
given similar supervisory power over express 
companies. 

32. Terms of Office — Except the Judges, Clerk, 
and Reporter of the Supreme Court, mentioned 
in a subsequent chapter, the foregoing are all 
the State officials elected by the people. 

The Governor, Lieutenant Governor, Secretary 
of State, Auditor, Treasurer, Attorney General, 
and Superintendent of Public instruction are 
elected in each even numbered year for a term of 
two years. 

Railroad Commissioners are elected for a term 
of four years, two to be elected every four years 
beginning with the year 1906 and one to be elected 
every four years beginning with the year 1908. 

33. Salaries — The salaries attached to the sev- 



SS IOWA, ITS CONSTITUTION AND LAWS 

oral State offices which have been considered in 
this chapter are as follows: 

Governor . . .$5000 

Lieutenant Governor 1100 

Secretary of State 2200 

Auditor of State 2200 

Treasurer of State 2200 

State Superintendent 2200 

Eailroad Commissioner 2200 

Attorney-general 4000 

In addition to their regular salaries, the Gov- 
ernor, Secretary of State, Auditor, and Treasurer 
each receive $500 per year for services upon the 
Executive Council. 

As the State has not yet provided an executive 
mansion, the legislature usually makes the Gov- 
ernor an additional allowance of $600 per year 
for house-rent. 



SON-ELECTIVE STATE OFFICERS 89 



CHAPTER XI 

NON-ELECTIVE STATE OFFICERS 

i. How Selected — Numerous lesser offices have 
been created by law and are filled by the appoint- 
ment of the Governor or by the choice of the Gen- 
eral Assembly. The most important of these are 
Adjutant-General, Board of Health, Commis- 
sioner of Labor Statistics, Oil Inspector, Mine 
Inspector, Food and Dairy Commissioner, and 
State Librarian, appointed by the Governor; and 
Wardens of the State Penitentiaries, State 
Printer, and State Binder, chosen by the General 
Assembly. 

2. Adjutant-General — The Adjutant-General is 
chief inspector of the State militia, and keeps and 
preserves the military records of the State. He 
receives a salary of $2000 per year. 

3. Board of Health— The State Board of Health 
shall consist of the Attorney-General and the 
State Veterinary Surgeon, who shall be members 
by virtue of their offices, one Civil Engineer and 
seven physicians, to be appointed by the Governor, 
each to serve for a term of seven years and until 
his successor is appointed. It has general super- 
vision of matters affecting the health of the citi- 
zens of the State. It is also authorized to make 
such rules and regulations as it may deem nec- 
essary for the preservation or improvement of 



90 /(Mil. ITS GON8TITUTJON AND LAWS 

public' health, and it is the duty of all other officers 
of the State, county, township, and city to co- 
operate in enforcing such rules and regulations. 
Members of the board receive no salary. 

4. Commissioner of Labor Statistics — This officer 
is most commonly called Labor Commissioner. 
His principal duty is to collect and publish statis- 
tics and information for the benefit of the labor- 
ing classes. The salary is $1800 per year. 

5. Oil Inspector — The Oil Inspector, in person 
or by deputies, is required to examine and test 
the quality of all petroleum oils offered for sale 
within the State for illuminating purposes. If 
any such oils are found to be of dangerous char- 
acter they are condemned, and it is made unlawful 
for the owner to sell them or offer them for sale 
after condemnation by. the inspector. The inspect- 
or collects certain fees from owners of oils ex- 
amined and tested by him. Of these fees he re- 
tains $1800 per year as his compensation, and pays 
the remainder into the State treasury. 

6. Mine Inspectors — There are three mine In- 
spectors. Practical coal-miners are usually se- 
lected for this position. It is their duty to in- 
spect the various mines of the State, and see 
that the laws regulating the manner of operating 
them are obeyed. They receive an annual salary 
of $1800 each. 

7. Board of Parole — The Thirty-second General 
Assembly passed an act creating a Board of Pa- 
role consisting of three members to be appointed 
by the Governor with the approval of the senate. 



ftON-ELECTITE STATE OFFICERS 91 

The terms of office of the members of the First 
Board shall be for two, four, and six years re- 
spectively but subsequent appointments shall be 
for a period of six years. 

The Board of Parole shall have power to es- 
tablish rules and regulations under which it may 
allow prisoners within the penitentiaries, other 
than prisoners serving life terms, to go upon 
parole. The board is also made advisory to the 
Governor in the matter of final pardon, and it is 
made its duty, under his direction to take charge 
of all correspondence in reference to the pardon 
of persons convicted of crime and to file its rec- 
ommendation with the Governor, with its reasons 
for the same. 

8. Food and Dairy Commissioner — The Food and 
Dairy Commissioner is required to secure as far 
as possible the enforcement of the law to suppress 
and punish the fraudulent sale of imitation butter 
and cheese. He is also charged with the en- 
forcement of the pure food laws. His salary is 
$2000 per year. 

9. State Librarian — The State Librarian has 
principal charge of the State Library. Salary, 
$2000. 

10. Wardens — A Warden is selected for each of 
the two penitentiaries. He is charged with the 
general management and control of the prison 
over which he is appointed. Salary, $2000. 

ii. Printer and Binder — The State Printer and 
State Binder, as their titles indicate, print and 
bind the various books, reports, and public doc- 



92 WWA, ns CONSTITUTION \\n LAWS 

uments issued by the State. They receive com- 
pensation in fees according to the work performed. 

12. Other Officers — In addition to officers above 
named we have a Pharmacy Commission, which 
examines and certifies to the competency of per- 
sons wishing to engage in buying and selling 
drugs and medicines; a Custodian of Public 
Buildings, who has charge of the State capitol 
and grounds; a Veterinary Surgeon, who has 
general supervision of contagious and infectious 
diseases among domestic animals ; a Fish and 
Game Warden, who looks after the preservation 
of fish in the waters of the State and the enforce- 
ment of the fish and game laws. And a Super- 
intendent of Weights and Measures, who has 
charge of the standards of weight and measure 
adopted by the State. 

13. Board of Control — The Board of Control of 
State Institutions was created by a recent act of 
the legislature. It consists of three members ap- 
pointed by the Governor. The members are ap- 
pointed for a term of six years at a salary of 
Three Thousand Dollars a year. The board has 
charge of all the State charitable and penal in- 
stitutions. 

14. Trustees, etc. — The government of the State 
charitable and educational institutions by boards 
of trustees and other similar bodies will be here- 
inafter explained. 

15. Historical Department — A Curator of His- 
torical Collections is appointed by the trustees 
of the State Library. His term of office is six 






STATE INSTITUTIONS 93 

years, and salary $1600. The duty of this officer 
is to collect and arrange books, records, and ma- 
terials illustrative of the history of Iowa and the 
Western States. He also collects and preserves 
mementos of the pioneers and soldiers of Iowa. 



CHAPTER XII 

STATE INSTITUTIONS 

i. Educational — The State has established three 
large schools for the higher education of its 
young people. These are the State University at 
Iowa City, the State College of Agriculture and 
Mechanic Arts at Ames, and the State Xormal 
School at Cedar Falls. 

2. Reformatory — It has also established an In- 
dustrial School for the reformation and educa- 
tion of incorrigible and criminal children. This 
school has two departments or branches — one for 
boys at Eldora, and one for girls at Mitchellville. 
The age at which children may be committed to 
these institutions is as follows — boys between the 
ages of nine and sixteen ; girls between the ages of 
nine and eighteen. 

3. Penal — For the detention, punishment and 
reformation of persons convicted of grave offenses 
against the laws of the State there are peniten- 
tiaries at Fort Madison and Anamosa. At the 
latter place the prison has a separate department 
for women. 



94 IOWA, ITS CONSTITUTION AND LAWS 

4. Charitable — Iowa has also made generous 
provision for its needy and afflicted. Its chief 
benevolent institutions are the 

Hospital for the Insane at Mt. Pleasant; 
Hospital for the Insane at Independence; 
Hospital for the Insane at Clarinda; 
Hospital for the Insane at Cherokee; 
School for the Deaf at Council Bluffs ; 
Institution for the Feeble-minded at Glenwood; 
College for the Blind at Vinton; 
Hospital for Inebriates at Knoxville; 
Soldiers' Home at Marshalltown ; 
Soldiers' Orphans' Home at Davenport. 

5. Supervision — The general supervision of the 
State University is exercised by a Board of Re- 
gents consisting of the Governor of the State 
and the Superintendent of Public Instruction, to- 
gether with one person from each congressional 
district of the State elected by the General As- 
sembly. The State College of Agriculture and 
Mechanic Arts and the State Normal School are 
managed by boards of trustees elected by the 
General Assembly. All other State institutions 
are under the management of the Board of Con- 
trol. 



JUDICIAL DEPARTMENT 95 



CHAPTER XIII 

JUDICIAL DEPARTMENT 

i. Judicial Power. (98) — The judicial power of 
the State is vested in a Supreme Court, District 
Court, and such other inferior courts as the Gen- 
eral Assembly may from time to time establish. 

2. Supreme Court. (99) — As originally estab- 
lished, the Supreme Court consisted of three 
Judges ; but, under the power given the General 
Assembly to increase the number of Judges, the 
court as now constituted has six members. 

3. Election and Term. (100) — The Judges are 
elected by the qualified voters of the State for 
terms of six years each — the terms being so clas- 
sified that two Judges are elected every two years. 
The Judges whose terms first expire serve as 
Chief Justice for one year each, in the order of 
their seniority, the senior in age serving first. A 
Judge of the Supreme Court is ineligible to any 
other State office during the term for which he is 
elected. 

4. Jurisdiction. (101) — The Supreme Court has 
appellate jurisdiction in cases in chancery, and 
is a court for the correction of errors at law. It 
has no original jurisdiction, that is, no suit or 
action of any kind can be first begun in the 
Supreme Court. All legal proceedings are begun 



!Ni /on i. ns CONSTITUTION A \ /> LJ n S 

in some of the lower courts, and are brought into 
the Supreme Court by appeal. 

5. Chancery and Law. (101) — For the purposes 
of this work, the distinction between chancery 
and law may be thus explained: All cases brought 
in court for a mere money demand, as for in- 
stance an ordinary action to collect a debt or 
recover damages, are triable to a jury and are 
called actions at law; while all cases in which 
something more than a mere money judgment is 
asked; as, the granting of a divorce, the fore- 
closure of a mortgage, or the setting aside a 
fraudulent deed, are triable to the court without 
a jury, and are called suits in chancery. 

6. On Appeal. (101) — On appeal in a chancery 
case the Supreme Court hears and decides the con- 
troversy upon its merits without any reference 
to the decision from which the appeal is taken; 
but upon an appeal in an action at law it con- 
siders only the alleged errors or improper rulings 
of the lower court, and if it finds that a mistake 
lias been made sends the case back for new trial. 
If no error is found the judgment appealed from 
is affirmed. 

7. Clerk — The Clerk of the Supreme Court 
keeps the records of the proceedings of that tri- 
bunal, and issues all writs and orders necessary 
to carry its decisions into effect. 

8. Reporter — The decisions of the Supreme 
Court are ordinarily accompanied by written 
opinions declaring and explaining the law upon 
the points or questions decided. It is the duty 



JUDICIAL DEPARTMENT 9? 

of the Reporter to collect and publish these opin- 
ions in book form. The series of books thus 
issued is known as the "Iowa Reports." 

g. Terms of Office — The Clerk and Reporter are 
elected for terms of four years each, beginning 
with the year 1898. 

io. District Court. (102) — The State was origi- 
nally divided into eleven judicial districts, in each 
of which was selected one District Judge. The 
districts now number twenty, are of irregular size, 
and have from one to four judges each. The 
court consists of a single Judge. Although there 
may be two or more Judges in a District, they 
do not sit together for the trial of cases. In this 
manner the court may be in session at several 
different places in the same district at the same 
time. 

11. Election of Judges. (102) — Judges of the 
District Court are elected for terms of four years 
each by the qualified voters of their respective 
districts, and during the term for which they are 
elected are ineligible to any other State office ex- 
cept that of Judge of the Supreme Court. 

12. Jurisdiction. (103) — The District Court is a 
court of law and equity. The word "equity" as 
here used is equivalent to the word "chancery" 
already explained. Its jurisdiction embraces 
practically every kind of legal controversy, civil 
and criminal. All civil actions where the amount 
in controversy is over one hundred dollars must 
be brought in the District Court, while those in- 
volving a less sum may also be brought there or 



98 /(Mil. ITS CO\N'/7'/7 V/OY 1 A I) LAWS 

in a justice's court, at the option of the com- 
plaining party. 

13. Conservators of the Peace. (104) — Judges 
of the Supreme and District Court are conserva- 
tors of the peace throughout the State. "Con- 
servator of the Peace" is an ancient term ap- 
plied to an officer who has the authority to pre- 
serve the public peace, as in the prevention and 
suppression of rioting, fighting, and brawling. 

14. Style of Process. (105) — B.y "process" is 
meant any writ or order issued by the court com- 
manding a public officer or private citizen to do or 
not to do some specified act. "Style," as here 
used, is the name indicating the authority by 
which the process is issued and may be enforced. 
The style of all process is "The State of Iowa." 
For example, if a writ is issued commanding the 
sheriff to arrest a person or to do any other official 
act it will be directed to him in substantially the 
following form: "The State of Iowa, — To the 
Sheriff of Blank County: You are hereby com- 
manded," etc. All criminal prosecutions are con- 
ducted in the same manner. 

15. County Attorney. (112) — At the general 
election in each even-numbered year the qualified 
voters of eaeli county elect a prosecuting attor- 
ney, whose duty it is to represent the State and 
County in the various courts and to conduct all 
criminal prosecutions. A criminal prosecution 
must always be begun in the county where the 
offense is committed. 



JUDICIAL DEPARTMENT 99 

1 6. Salaries — The salaries of the several officers 
of the judicial department are as follows : 

Judge of the Supreme Court $6000 

Judge of the District Court 3500 

Clerk of the Supreme Court 2200 

Supreme Court Eeporter 2200 

The compensation of county attorneys varies 
from $900 to $2500, according to the population 
and amount of business performed. 

17. Grand Jury. (114) — At each regular term 
of the District Court a Grand Jury is impaneled. 
It may consist of any number of persons, not less 
than five nor more than fifteen, as the General 
Assembly may by law provide. 

18. Duty of Grand Jury — It is the duty of the 
Grand Jury to inquire into all indictable offenses 
committed within the county and to return in- 
dictments against the persons believed to be guilty 
thereof, if the evidence obtained is sufficient to 
justify such action. As elsewhere explained, an 
indictment is simply an accusation made by the 
Grand Jury charging the person therein named 
with some specific offense. All offenses the pun- 
ishment of which may exceed a fine of one hun- 
dred dollars or thirty days in the county jail are 
indictable. 

19. Trial Jury — When a person has been in- 
dicted and arrested he enters a plea of "guilty" 
or "not guilty" to the charge made against him. 

1.0FC. 



LOO you 1. ITS CONSTITUTION AND LAWS 

It' the plea is "not guilty," he is put upon trial. 
For this purpose a Trial Jury is formed entirely 
distinct from the Grand Jury. All jurors must 
be citizens, residents, and lawful voters in the 
county where they serve. 

20. Administration of Justice — The method of 
administering justice in criminal cases may be 
thus briefly stated: The Grand Jury accuses, the 
Sheriff arrests, the County Attorney prosecutes, 
the Trial Jury renders the verdict "guilty" or 
"not guilty," and the Judge enters judgment ac- 
cording to the verdict so rendered. The Judge 
also presides at the trial, rules upon objections 
to the introduction of evidence, and decides all 
questions of law. 



THE STATE MILITIA 101 



CHAPTER XIV 

THE STATE MILITIA 

i. Of Whom Composed. (115) — All able-bodied 
male citizens of the State, between the ages of 
eighteen and forty-five years, constitute the Mi- 
litia, and may at any time be called upon by the 
State to be organized into companies and regi- 
ments, and to receive military drill and instruc- 
tion. 

2. Not Organized — The power of the State in 
this respect has never been exercised. The dan- 
ger of war is considered too remote to justify the 
annoyance and expense of maintaining a general 
organization, and the militia remains an unor- 
ganized but powerful reserve force, liable to be 
called into service at any time when the public 
safety seems to require it. 

3. National Guard — A small volunteer force 
known as the National Guard is authorized by 
the laws of the State. It consists at present of 
four regiments of infantry of twelve companies 
each. Each regiment is divided into three battal- 
ions of four companies each. 

The Governor is commander-in-chief, and may 
call out any part or all of the Guard whenever 
it is necessary to repel invasion, or to prevent or 
suppress insurrection, riot, or other breach of the 
peace. 



102 tOWA, ITs co\sTiTi Tio\ wo LAWS 

4. Exemption. (116) — Persons who are con- 
scientiously opposed to bearing arms may be ex- 
empted from military duty in times of peace. 

5. Election of Officers. (117) — All commissioned 
officers of the militia, except staff officers, are 
elected by the organization with whom they are 
to serve, and receive their commissions from the 
Governor. 



CHAPTER XV 

STATE DEBTS 

i. The Public Credit. (118) — The State cannot 
lawfully give or lend its credit to any individual, 
association, or corporation. It is also forbidden 
to assume the debts or liabilities of any indi- 
vidual, association, or corporation unless in- 
curred in time of war for the benefit of the State. 

2. Limitation of Indebtedness. (119) — Debts 
may be contracted to meet necessary expenses 
which have not been otherwise provided for, or 
to supply any deficiency in the ordinary income 
of the State, but the total amount of such in- 
debtedness must never exceed two hundred and 
fifty thousand dollars. 

3. A Wise Restriction — The wisdom of this con- 
Mitutional safeguard against burdensome public 
debt has boon demonstrated by the experience of 
many other States which, in the absence of such 
limitation, have given the aid of their credit to 
railroad and other private enterprises, and in- 



STATE DEBTS 103 

dulged in extravagant expenditures until brought 
to the verge of bankruptcy. 

4. Losses to School Fund. (120) — As explained 
in a subsequent chapter, the State has provided 
certain funds, the income from which is devoted 
to the support of its schools. If any loss occurs 
to these funds by the fraud, wrong, or misman- 
agement of the agents or officers in charge of 
them, such loss is to be treated as a permanent 
debt of the State, upon which not less than six 
per cent, interest shall be paid. 

5. War Debts. (121) — Debts may also be con- 
tracted beyond the limit named in the second 
paragraph of this chapter whenever such step is 
necessary to repel invasion, suppress insurrec- 
tion, or defend the State in time of war. Moneys 
raised under the extraordinary power thus given 
must not be applied to any other purpose what- 
ever. 

6. Other Debts. (122) — Other debts may be 
authorized by law for some single specified work, 
when the law providing for such work also pro- 
vides for a tax with which to meet the expense 
incurred, and the same has been approved by a 
vote of the people. 

No debt has ever been contracted by the State 
under this provision. 



104 IOWA, ITS CONSTITUTION AND LAWS 

CHAPTER XVI 

CORPORATIONS 

i. Word Defined — A corporation is ordinarily 
an association of several persons organized in 
the manner prescribed by law and given power 
to act and transact business as a single indi- 
vidual. A single individual may also become in- 
corporated by complying with certain legal re- 
quirements. 

2. Corporations for Profit — A corporation for 
profit is one organized for the purpose of carry- 
ing on a business or enterprise for the pecuniary 
benefit of its members. Each member puts in 
such definite portion or share of the capital stock 
as he may subscribe, and beyond the amount so 
subscribed is not personally liable for any of the 
corporate debts. 

3. Other Corporations — Corporations are also 
frequently organized for religious, educational, 
or social purposes. Many churches, lodges, so- 
cieties, schools, and like organizations become 
corporate bodies of this class. Such corpora- 
tions ordinarily have no capital stock. 

4. Corporate Name — Each, corporation adopts 
a distinctive name, by which it is known and in 
which all its business is transacted. 

5. Utility of Corporations — Nearly all railroads, 
canals, and other great works of internal im- 
provement have been constructed by corpora- 



CORPORATIONS 105 

tions. Enterprises of this kind require such vast 
sums of money and are subject to so great risks 
that few if any men could be found with suffi- 
cient capital to undertake them, or, having the 
capital, would consent to so hazard it. By the 
use of corporations, however, a large number of 
people unite their comparatively small contribu- 
tions into a large aggregate sum, and thus accom- 
plish great works which otherwise would never 
be undertaken. In the same manner the most of 
the immense manufacturing and business enter- 
prises of modern times are rendered possible. 

6. Subject to Control — In view of the valuable 
privileges conferred upon corporations, and of 
the great power and influence exercised by aggre- 
gated wealth, the State reserves the right to reg- 
ulate the manner in which they may be formed 
and in which they shall transact business. The 
State may also by proper proceedings in court 
have a corporation dissolved and its right to do 
business annulled whenever it fails to observe the 
law. 

7. How Created — It was formerly the practice 
in most States to create each corporation by 
special act of the legislature. This plan was 
found to be productive of abuses and sometimes 
of corruption among legislators, and is now quite 
generally abandoned. Our own Constitution 
(125) forbids special legislation of this kind. A 
general law has been enacted prescribing certain 
simple rules and regulations by which any person 
or persons may become incorporated. 



106 /'Mil. ITS CONSTITUTION AND LAWS 

8. Property Taxable. (126) — The property of 
corporal ions is taxable in the same manner as the 
property of individuals. 

9. State not to be a Stockholder. (127) — The 
State cannot become a stockholder in any cor- 
poration, nor can it lawfully assume the debt of 
any corporation unless incurred in time of war 
for the benefit of the State. 

10. Municipal Corporations. (128) — Counties, 
cities, towns, and school districts, into which the 
State is divided for the purposes of local govern- 
ment, are called political or municipal corpora- 
tions, though the latter term is more often con- 
fined to incorporated cities and towns. All such 
corporations are forbidden to become stock- 
holders in any banking corporation, directly or 
indirectly, 

11. Banking Corporations. (129 to 136) — Sec- 
tions 5 to 12 inclusive of Article 8 of the Consti- 
tution, provide the manner in which corporations 
with general banking powers may be created. 
The banks here referred to are such as have the 
right to issue bills or notes to be circulated as 
money; but under the law of the United States 

iroviding for the national banking system, State 
i »anks of issue ceased to be profitable and no 
longer exist. These constitutional provisions are 
therefore of no present importance. Banks of 
deposit and exchange are provided for by act of 
the General Assembly. 

12. Transportation Companies — Railroads, ex- 
press and other corporations organized for the 



CORPORATIONS 107 

purpose of carrying passengers and freight are 
sometimes spoken of as public corporations. 
Though owned by private parties their duties are 
of a semi-public nature, and the State assumes 
the right to supervise and regulate their dealings 
with the people. We have already noticed how 
this supervision is exercised through the Board 
of Railroad Commissioners. 

13. Commerce — All buying and selling in which 
goods or merchandise is transported from one 
town or place to another is commerce. The Con- 
stitution of the United States reserves to Con- 
gress alone, the power to regulate commerce be- 
tween the States. The State therefore can- 
not interfere with any corporation in the business 
of carrying passengers or freight from any point 
without the State to any point within it, or from 
any point within the State to any point without, 
except where Congress has expressly relinquished 
its supremacy. 

14. How Regulated — For the general regula- 
tion of commerce betwen the States, Congress has 
enacted the Interstate Commerce Law, and pro- 
vided for a national Board of Railway Comiri 
sioners appointed by the President of the Unitea 
States. The State has supreme authority over 
all the traffic between the different cities, towns, 
and neighborhoods within its own borders. 



108 IOWA, ITS CONSTITUTION AND LAWS 



CHAPTER XVII 

PUBLIC EDUCATION 

i. Obsolete Provisions. (138) — Sections 1 to 15, 
inclusive, of Article 9 of the Constitution created 
a State Board of Education, consisting of the 
Lieutenant-Governor and one additional member 
from each judicial district. 

The General Assembly was given power to 
change or abolish this board at any time after 
the year 1863, and did in fact abolish it in 1864, 
since which time the sections above mentioned 
have been inoperative. 

2. School Lands — By the liberality of the Gov- 
ernment of the United States, large grants of 
public lands were many years ago made to the 
State for the benefit of its schools. Seme of 
these lands were appropriated to the special use 
of the State University, others to the State Agri- 
cultural College, and the remainder to the com- 
mon schools. 

3. Educational Funds — The moneys arising 
from the sales of these lands constitute perpetual 
or permanent funds, which are kept invested in 
interest bearing securities, and the income thus 
realized is distributed at stated periods to the 
several beneficiaries. 

4. Escheats. (141) — When a person dies leav- 
j no will or heir, his property goes to the State, 



PUBLIC EDUCATION 109 

and becomes a part of the permanent fund for 
the support of common schools. 

Property thus coming to the State is called in 
law an escheat. 

5. Temporary School Fund— All forfeitures and 
fines, and the proceeds of the sales of lost 
goods and estray animals, are paid into the 
county treasury and constitute the Temporary 
School Fund. All moneys in this fund are dis- 
tributed among the several school districts of the 
county at least once in each year. 

6. How Distributed. (145) — The interest de- 
rived from the Permanent School Fund, together 
with the moneys in the Temporary Fund, are dis- 
tributed to all the school districts in proportion 
to the number of youths between the ages of five 
and twenty-one years. 

7. State University — It is provided by law that 
"the object of the State University shall be to 
provide the best and most efficient means of im- 
parting to young men and women on equal terms, 
a liberal education and thorough knowledge of 
literature, the arts and sciences, with their varied 
applications.'' 

8. Preparation Required — So far as practicable, 
the courses of study in the University begin 
where the same are completed in the high schools ; 
and no student can be admitted who has not com- 
pleted the elementary studies in such branches as 
are taught in the common schools. 

9. State College of Agriculture and Mechanic 
Arts — This institution, now commonly known as 



110 IOWA, ITS CONSTITUTION AND LAWS 

the "State College," provides for the student a 
broad, liberal, and practical course of study, in 
which the Leading branches of learning relate to 
agriculture and the mechanic arts. It also em- 
braces such other lines of study as will most prac- 
tically and liberally educate the agricultural and 
industrial classes in the several pursuits and pro- 
fessions of life, including military tactics. 

io. State Normal School — The State Normal 
School is established and maintained for the 
special instruction and training of teachers. 

ii. Work Accomplished — Each of these schools 
has been very successful in its special line of work. 
All have a liberal attendance of students, and 
many of their graduates have achieved a high 
degree of success and fame in the various pur- 
suits of life. 

12. County High-Schools — Each county may, 
by complying with certain conditions, establish a 
High School for the purpose of affording ad- 
vanced pupils better educational facilities than 
are ordinarily found in district schools. 

13. High-School Departments — Eor some reason 
very few counties in the State have ever availed 
themselves of the benefit of this law, but most of 
the graded schools in cities and towns of any im- 
portance have high-school grades or departments, 
affording all the advantages which could be de- 
rived from a county school. 

14. School Districts — The organization and 
government of School Districts will be considered 
in a subsequent chapter. 



>TITUTIO\AL AMfiltDMEm HI 



CHAPTER XVIII 

XSIITITIIoXAL AMENDMENTS 

i. How Proposed. (146) — Any amendment to 
the Constitution may be proposed in either house 
of the General Assembly, and. if agreed to by a 
majority of all the members elected to each house, 
it is then laid over to be acted upon by the next 
General Assembly. Before the next election no- 
tice of the proposed amendment is published 
throughout the State, and if the General Assem- 
bly next elected agrees to it by a like majority, 
the question is finally submitted to a vote of the 
people. If these various steps have been regu- 
larly pursued, and a majority of those voting 
upon the question is found to be in favor of the 
proposition, the amendment becomes part of the 
Constitution. 

2. Why these Formalities — As the standard by 
which all legislative acts, judicial decisions, and 
private rights are to be determined, it is a matter 
of great importance that the Constitution be as 
fixed and stable as possible, and that all proposed 
changes be thoroughly discussed and understood 
by the people. By the plan above outlined, at 
least two years are given for the discussion and 
examination of a proposed amendment, and an 
effectual guard is thus created against hasty and 
ill-advised change-. 



112 tOWA, ITS COXKT/TUTIOX AX/) LAWS 

3. Separate Vote. (147) — If two or more 
amendments are submitted at the same time, it 
must be done in such manner that they can be voted 
upon separately. Of several amendments the 
voter may desire to support some and oppose 
others, and this provision for a separate vote 
enables him to do so. 

4. Constitutional Convention. (148) — Once every 
ten years, beginning with the year 1870, the ques- 
tion "Shall there be a Convention to revise the 
Constitution and amend the same?" is submitted 
to the voters of the State. 

The General. Assembly may also submit the 
question at any time. If a majority of votes is 
cast in the affirmative, the General Assembly at 
its next session provides for the election of dele- 
gates to such convention by the duly qualified 
voters of the State. 

5. Work of Convention — The delegates thus 
selected meet and make such revision of the Con- 
stitution as they deem wise; but before their work 
is of any validity it must be approved by the 
voters of the State at an election held for that 
purpose. Since the adoption of the present Con- 
stitution, in the year 1857, no convention has been 
called. 

6. Amendments Adopted — Prior to the year 1863 
negro slavery prevailed in nearly one-half of the 
nation, and even in the free States there were 
strong prejudices against conceding equal politi- 
cal rights to colored citizens. Under these in- 
fluences the Constitution of the State, as origi- 



MISCELLANEOUS PROYIFIOXS 113 

nally adopted, excluded this class of people from 
the right of suffrage (30) and the right to mem- 
bership in the General Assembly (4°> 4 1 ). It also 
excluded them from enumeration in the census 
(70), from representation in both houses of the 
General Assembly (71, 7 2 ) ? and from the State 
militia (115). All these discriminations were 
abolished by amendments adopted in the year 
1868. 

7. Other Amendments — Several other amend- 
ments have been adopted, and will be found clearly 
noted in their proper connection in the text of 
the Constitution (see Chapter I). 



CHAPTER XIX 

MISCELLANEOUS PROVISIONS 

i. Justice's Courts. (149) — The jurisdiction of 
Justices of the Peace extends to all civil cases 
within their respective counties, where the amount 
in controversy does not exceed one hundred dol- 
lars, except cases in chancery. By consent of 
the parties the jurisdiction may be extended to 
any amount not exceeding three hundred dollars. 

2. Jurisdiction Defined — By the word "juris- 
diction" as applied to courts, is meant the author- 
ity to hear, try, and determine cases and proceed- 
ings brought for the settlement of legal contro- 
versies, and the power to declare and enforce the 
law. 



114 IOWA, its CONSTITUTION AND laws 

3. New Counties. (150) — No new county can be 
created having less than four hundred and thirty- 
two square miles. This area is the equivalent of 
twelve townships, according to the government 
survey, Counties are organized for local gov- 
ernment and local convenience, and to make them 
unnecessarily numerous would increase the pub- 
lic expense for court-houses and salaries of county 
officers, without compensatory advantages. 

4. Exception. (150) — Worth county and the 
counties west of it along the northern boundary of 
the State are excepted from this rule, and may be 
organized with an area less than four hundred 
and thirty-two square miles. This exception is 
made because the north boundary of the State 
(which is forty-three degrees and thirty minutes 
north latitude) lies a little south of the north line 
of the surveyed townships along that border. 
This discrepancy places a small portion of each 
of these bordering townships over the line in the 
State of Minnesota, but the larger fractions left 
under the jurisdiction of Iowa are treated as full 
townships for the purpose of county organiza- 
tion. 

5. Limit of Indebtedness. (151) — No county, 
city, town, or school district is allowed to become 
indebted in any manner or for any purpose to an 
amount exceeding five per centum of the assessed 
value of the taxable property within its jurisdic- 
tion. Any contract or promise to pay in excess 
of this limit is void, and cannot be enforced at 
law. 



MISCELLANEOUS PROVISIONS 115 

6. Oath of Office (153) — Every person elected 
or appointed to any office is required before enter- 
ing thereon to take an oath or affirmation that he 
will support the Constitution of the United States 
and of the State of Iowa, and will faithfully, im- 
partially, and to the best of his ability discharge 
the duties of such office. 

7. Vacancies in Office. (154) — A vacancy occur- 
ring in any elective office is, as a rule, temporarily 
filled by appointment. The person appointed 
holds only until the next regular election, at which 
time some one is elected to fill the place. He who 
is thus elected to fill a vacancy holds the office for 
the remainder of the unexpired term. 

8. Appointments — Appointments to fill va- 
cancies are made as follows : 

By the Supreme Court in the offices of clerk and 
reporter of the Supreme Court ; 

By the Governor, in all other State offices and 
in the membership of any board or commission 
created by the State; 

By the Board of Supervisors, in all county 
offices except in the office of supervisor, which is 
filled by the county auditor, clerk, and recorder; 

By the Township Trustees, in all township 
offices except where the offices of all three trustees 
are vacant, when the township clerk may appoint ; 

By the Mayor or by the Mayor and Council, in 
all municipal offices except in cases where a special 
election is provided for by law. 

A vacancy in either house of the General As- 
sembly cannot be filled by appointment, but in such, 






IK! IOWA, ITS CONSTITUTION AND LAWS 

case the Governor issues an order for a special 
election by the people of the district where the 
vacancy exists. 

9. State Capital. (156)— The seat of govern- 
ment is permanently established at Des Moines, 
and the State University at Iowa City. Neither 
can be changed or removed to any other location 
without a constitutional amendment. 

10. Schedule, (is?-^) — Article 12 of the Con- 
stitution, entitled "Scedule," is in effect an ap- 
pendix to the main body of the instrument pre- 
scribing when and how the Constitution should 
take effect, the time of holding the first elections 
thereunder, and other similar matters whose tem- 
porary purposes have been served and require now 
no special consideration. 



COUNTIES AND COUNTY GOVERNMENT 117 



CHAPTER XX 

COUNTIES AXD COUKTY GOVERXMEXT 

i. Number and Area — The State is divided into 
ninety-nine comities. With a few exceptions 
these counties are rectangular in form and con- 
tain either twelve or sixteen surveyed townships, 
each six miles square. 

2. County-seats — Each county has selected some 
convenient town or site as its seat of local gov- 
ernment. At this place, known as the "county- 
seat, ' ' are erected a court-house and offices for the 
several county officers. Here the terms of the 
District Court are held, the records of the county 
are kept, and the county business generally is 
transacted. County-seats may be changed or re- 
located by vote of the people at an election prop- 
erly called for that purpose. 

3. County Officers — The officers of the county 
are Supervisors, Auditor, Treasurer, Recorder, 
Clerk of the District Court, Sheriff, County Attor- 
ney, Superintendent of Schools, Surveyor, and 
Coroner. 

4. Supervisors — The general supervision and 
management of county affairs is intrusted to a 
Board of Supervisors. The board regularly con- 
sists of three persons, but by vote of the people 
the membership may be increased to five or seven. 



L18 



/oll'.l, JTs CONSTITUTION A\n laws 



They are elected for terms of three years each, 
but the terms must be so arranged that at least 
one Supervisor may be elected each year. 

5. Duties of Board — The Board of Supervisors 
is charged with numerous and important duties, 
the most important of which are as follows: 

(a) To manage and control the county 
property. 

(b) To settle with all county officers concern- 
ing the receipts and expenditures of their several 
offices. 

(c) To build and keep in repair the necessary 
county buildings and all county bridges. 

(d) To establish, change, and vacate public 
roads. 

(r) To provide for the relief and support of 
the poor of the county. 

(/) To examine all claims made against the 
county and allow such as they find to be just. 

{{)) To canvass the votes of the county at gen- 
eral and special elections; and 

(h) To represent the county in all litigation, 
and in general to protect its rights and interests 
as circumstances may seem to render necessary. 

6. Meetings — Regular meetings of the Board of 
Supervisors occur on the second secular day in 
January and on the first Monday in April and 
June and the second Monday in September in 
each year, and on the first Monday in November 
in the odd numbered years, and on the first Mon- 
day after the general election in the even num- 
bere 1 year-. Special meetings may be held from 



COUNTIES AND COUNTY GOVERNMENT 119 

time to time in the discretion of the Board. All 
meetings shall be held at the county-seat. 

7. Auditor — The County Auditor acts as clerk 
of the Board of Supervisors, records its proceed- 
ings, signs all orders or warrants upon the Treas- 
urer for the payment of claims allowed by the 
Board, and makes out and delivers to the Treas- 
urer the yearly tax-lists. He is the general 
accountant or bookkeeper of the county, and keeps 
a detailed account and record by which the board 
may settle with all other county officers and 
agents. He also has special care and charge of 
the court-house, subject to the direction of the 
Supervisors, and performs such other services as 
may be required of him by law. 

8. Treasurer — The Treasurer receives all money 
payable to the county, and disburses it only on the 
proper warrant or order signed by the Auditor 
and sealed with the county seal. He also collects 
the taxes, and keeps an exact and faithful record 
of all his receipts and payments of public funds. 

9. Recorder — The Eecorder copies in full and 
at length upon the books of his office all contracts, 
deeds, mortgages, and other written instruments 
delivered to him for that purpose, which in any 
way transfer, change, or affect the title to prop- 
erty situated within the county. 

10. Clerk — The Clerk keeps a record of all the 
proceedings of the District Court, and issues all 
writs, warrants, and process required by law or 
by order of the court in such proceedings. He 
issues licenses for all marriages to be solemnized, 



120 /(Mil. ITS CONSTITUTION AND LAWS 

and keeps a register of all births and deaths 
within the county. 

ii. Sheriff — The Sheriff, by himself or deputy, 
serves alL writs and other legal process issued to 
him by the court or other competent authority. 
He has charge of the county jail, and is required 
to receive and safely keep all persons duly com- 
mitted to his custody until they are lawfully dis- 
charged. 

12. Conservator of the Peace — It is his duty to 
prevent and suppress all violence and public 
offenses of every kind, and when necessary may 
call to his aid any citizen or citizens of the county. 
A citizen of the county when called upon by the 
Sheriff to assist him in preserving the peace or 
making an arrest cannot lawfully refuse so to 
do. 

13. County Attorney — As we have already noted 
in the chapter upon the Judicial Department of 
the State, the County Attorney is the public prose- 
cutor or attorney for the State in all prosecutions 
for crime committed within this county. It is also 
his duty to appear for and defend the county in 
all civil litigation, and give the benefit of his ad- 
vice to the county officers in matters relating to 
their official duties. 

14. Superintendent of Schools — As his title im- 
plies, the Superintendent has general supervision 
of the public schools. He conducts examinations 
of applicants For license to teach and forwards 
the answer papers to the State Superintendent of 
Public Instruction with a list of all the applicants 



COUNTIES AND COUNTY GOVERNMENT 121 

examined with the standing of each in didactics 
and oral reading and his estimate of each appli- 
cant's personality and general fitness, other than 
scholarship, for the work of teaching. The 
papers are graded under the supervision of the 
Educational Board of Examiners. He also visits 
the schools from time to time, holds teachers ' insti- 
tutes, and makes annual reports to the State 
Superintendent as to the state and condition of 
public education in his county. 

15. Decides Appeals — The County Superintend- 
ent is also authorized to hear and decide all 
appeals properly taken from any order or decision 
of a district Board of Directors. 

16. Surveyor — The County Surveyor surveys 
lands and establishes boundary lines and corners 
whenever called upon for that purpose by persons 
interested therein. Surveys made by him, within 
his county and properly recorded, are presumed 
to be correct until proved to be otherwise. 

17. Coroner — The Coroner is required to hold 
inquest upon the dead bodies of such persons as 
are supposed to have died by unlawful means. 
He also performs the duties of sheriff in the ab- 
sence, disability, or disqualification of that officer. 

18. Terms of County Officers — County officers, 
except members of the Board of Supervisors, are 
chosen for terms of two years each, being elected 
in the even numbred years. 

19. Eligibility of Women— TTomen are by law 
made eligible to the offices of Recorder mid Super- 
intendent of Schools. 



122 IOWA, its CONSTITl TION AND LAWS 

20. Salaries and Compensation — The salaries of 
county officers are in some instances graded 
according to the population of the counties; in 
other instances are left, in whole or in part, to the 
discretion of the Board of Supervisors; and in 
still others are wholly dependent on the fees col- 
lected. 

The following list shows with substantial accu- 
racy the compensation received : 

Auditor $1,200 to $2,100 

Treasurer 1,200 to 3,500 

Clerk 1,100 to 2,200 

Attorney 900 to 2,500 

Sheriff 2,000 to 3,500 

Recorder 1,200 to 2,000 

Superintendent 1,200 to 1,500 

Surveyor 4 per day 

(to be paid by those who employ his 

services). 
Coroner ' . . . Fees (according 

to the services performed). 



T0WN8H1PB AND TOWNSHIP GOVERNMENT 123 



CHAPTER XXI 

TOWNSHIPS AXD TOWNSHIP GOVERNMENT 

i. Congressional Townships — When the lands 
embraced within the State of Iowa were still 
owned by the Government of the United States, 
they were surveyed, in obedience to an act of Con- 
gress, into tracts, or blocks, six miles square, 
these blocks being in turn subdivided into smaller 
blocks of one mile square. Each of the large 
blocks is called a "Congressional township" or a 
k k township according to government survey. ' ' 
The smaller blocks or subdivisions are called 
"sections." As shown in the preceding chapter. 
the boundary-lines of the counties are usually 
made to coincide with some of these lines of the 
government survey. 

2. Civil Townships — For the purposes of greater 
convenience of local or neighborhood government, 
each county is divided into smaller parts, each of 
which is called a township. To distinguish these 
townships from those of the government survey. 
they are usually spoken of as "civil townships." 

In most counties each congressional township is 
organized into a civil township, but there are quite 
frequent exceptions to this rule. The division 
of the county into townships is made by the Board 
of Supervisors, which has the power to increase 



124 tOWA, its CONSTITUTION AND LAWS 

the number or change the boundaries in such man- 
ner as ii may deem wise. 

3. Township Officers — In each civil township 
there are three Trustees, one Clerk, two Justices 
of the Peace, two Constables, one Assessor, and 
one or more Road Supervisors. 

4. Trustees- — The Township Trustees act as 
overseers of the poor, equalize the assessment of 
property for the purposes of taxation, decide con- 
troversies as to boundary fences between adjacent 
landowners, assess damages done by trespassing 
animals, and serve as judges of election. They 
also act as a board of health, and perform other 
duties as may be required by law. 

5. Justices of the Peace — A Justice of the Peace 
has authority to sit as a court for the trial of all 
cases coming within the limit of his jurisdiction. 
As has been before explained, this jurisdiction in 
civil matters is restricted to cases where the 
amount in controversy does not exceed one hun- 
dred dollars, and in criminal matters to cases 
where the punishment cannot exceed a fine of one 
hundred dollars or thirty days' imprisonment in 
the county jail. 

6. Other Powers — He may also solemnize mar- 
riages, take the acknowledgement of deeds and 
other written instruments, administer oaths, and, 
in the absence of the coroner, may hold inquests 
upon dead bodies when the circumstances call for 
such investigation, 

7. Constables — The principal duties of Con- 
stables are to serve notices and execute warrants 



TOWNSHIPS AND TOWNSHIP GOVERNMENT 125 

and writs issued by Justices of the Peace. They 
are also required to serve all notices and other 
process lawfully directed to them by the Town- 
ship Trustees, Township Clerk, or by any court, 

8. Clerk — The Clerk keeps a record of the pro- 
ceedings of the Township Trustees, acts as clerk 
of election, makes out the road-tax lists for the use 
of the Road Supervisors, and receives and dis- 
burses the road tax collected by the County Treas- 
urer for the use of his township. 

9. Assessor — It is the duty of the Assessor to 
make and deliver to the County Auditor a list of 
all taxable property in his township, together with 
his estimate of the value of each item of such 
property. The value thus fixed by him, after 
being revised and equalized by the Township 
Trustees, is the basis upon which all taxes are 
levied. Personal property is thus assessed every 
year, but real estate is assessed once in two years. 

10. Road Supervisors — Each township is divided 
by the Trustees into districts of convenient size, 
in each of which a Road Supervisor is elected. 
This supervisor has charge of the improvement 
and repairs of the public roads in his district. 
He expends the moneys collected for road pur- 
poses, and when any part of the road tax is pay- 
able in labor he calls .out the persons liable to 
such duty and directs the manner in which it shall 
be performed. 



L26 



WW A, ITS VQX8TITUTWN AND LAWS 



CHAPTER XXII 



CITIES AND TOWNS 



i. Incorporation — Until incorporated, a city, 
town, or village is considered simply as a part of 
the civil township in which it is situated, and has 
no distinct or separate local government. Incor- 
poration is a legal proceeding by which such city 
or town is granted certain rights and privileges 
of local self-government. 

2. How Obtained — Incorporation is obtained by 
applying to the District Court and obtaining an 
order for an election to be held in the territory 
proposed to be incorporated. If a majority of 
votes is cast in its favor and the proceedings are 
approved by the court the incorporation is com- 
plete, and another election is called for the selec- 
tion of officers. When spoken of as a class, cities 
and towns thus set apart and granted powers of 
local self-government, are usually called Munici- 
pal Corporations. 

3. Classes — The municipal corporations of this 
State are — 

1. Cities of the first class ; 

2. ( lities of the second class ; 

3. Towns. Town sites platted and unincor- 
porated are called villages. 

4. Towns — A municipal corporation having less 
than two thousand inhabitants is called a Town, 



CITIES AXD TOWNS 127 

5. Elective Officers — The elective officers of a 
town are one Mayor, one Treasurer, one Assessor, 
and five Councilmen. 

The council may by ordinance provide for the 
election of such other subordinate officers as it 
may deem necessary for the purposes of good gov- 
ernment. 

6. Mayor — The Mayor is the chief executive 
officer of the town, presides at the meetings of the 
council, and has a vote on all questions coming 
before it. He is also a magistrate with the pow- 
ers of a justice of the peace, and has exclusive 
jurisdiction to try persons charged with violation 
of the town ordinances. 

7. Clerk — The Clerk is appointed by the Coun- 
cil and keeps a record of all the proceedings of the 
Council. He has no vote in the Council. 

8. Treasurer— The Treasurer has custody of all 
moneys belonging to the town, and pays them out 
upon the order of the council and warrant of the 
Clerk. 

9. Assessor — The duties of the Assessor within 
the town are similar to those of a township 
assessor, which are explained in the preceding 
chapter. An Assessor is also elected in each city 
of the first and second class. 

10. Marshal, etc. — The Mayor appoints a Mar- 
shal, who has the powers of a constable. He ex- 
ecutes the process of the Mayor, and preserves 
the public peace and order within the limits of 
the town. The mayor also appoints a health phy- 
sician and street commissioner. 



128 



tOWA, WS cnxsrm TK)X 1 AT) LAWS 



ii. Powers of Town — Every town lias power to 
prevent and suppress nuisances, riots, and 
breaches of the peace, to lay out and improve 
streets, to provide regulations against danger 
from fire, to prevent animals from running at 
large, to construct or permit the construction of 
water-works, and in general to do all those things 
which are necessary and reasonable to preserve 
the public peace and promote the safety and con- 
venience of its inhabitants. 

12. Terms of Office — All elective officers of an 
incorporated town serve terms of two years each. 

13. Ordinances — The local laws and regulations 
enacted by the council are called ordinances. 
Persons violating these ordinances may be pun- 
ished by fine or imprisonment. 

14. Cities of the Second Class — Municipal cor- 
porations having more than two thousand and less 
than fifteen thousand inhabitants are cities of the 
second class. 

15. Powers — Cities of the second class have all 
the powers and privileges of towns, together wixh 
certain additional privileges relating to public im- 
provements and the regulation of business done 
within the city limits. 

16. Wards — Each city is subdivided into 
smaller parts called wards. The city council is 
composed of one councilman from each ward 
elected by the qualified voters of such ward, and 
two councilmen at large elected by the qualified 
voters of the city. Councilmen are elected for a 



CITIES AXD TOWNS 129 

term of two years. Members of the council are 
commonly called councilmen or aldermen. 

17. Mayor — The Mayor of a city of the second 
class is elected for two years. He presides at the 
meetings of the council, but has no vote upon 
questions coming before it except in cases of a 
tie. He is also a magistrate with the same powers 
as the mayor of an incorporated town. 

18. Solicitor— The City Solicitor is also elected 
for two years. He is the legal adviser of the city 
and its officers, and represents its interests in all 
litigation. In cities of four thousand inhabitants 
or less he is appointed by the council. 

ic. Clerk — The Clerk is appointed by the coun- 
cil, and performs duties similar to those required 
of the Clerk of a town. 

20. Marshal, etc. — A Marshal, a health physi- 
cian, a street commissioner and as many police- 
men as are deemed necessary are appointed by 
the Mayor. 

21. Cities of First Class — All cities having more 
than fifteen thousand inhabitants rank as cities of 
the first class. 

22. Officers — The officers of a city of the first 
class are Mayor, Councilmen, Solicitor, and 
Treasurer, having in general substantially the 
same powers as are exercised by officers of like 
name in cities of the second class. In addition 
to those named, each city of this class elects an 
Auditor, who keeps the books and accounts of the 
corporation; a Police Judge, who hears and de- 



130 IOWA, ITS CONSTITUfiOH AM) LAWS ' 

cides cases arising under the city ordinances; and 
an Engineer, who surveys and determines the 
grades of streets and does other skilled work of 
that nature. In addition to ward councilmen each 
city of the first class elects two councilmen at 
large. 

23. Police — The Mayor of a city of the first 
class appoints the members of the police force, 
including a Marshal or Chief of Police, who hold 
their office during his pleasure. In cities of a 
population of more than twenty thousand the 
Chief of Police and Chief of the fire department 
are appointed by the Board of Police and Fire 
Commissioners, which board is appointed by the 
Mayor. 

24. Superior Court — Any city containing a pop- 
ulation of four thousand or more may by vote of 
its qualified electors establish a Superior Court. 
The judge of this court is elected at a regular 
city election, and holds his office for a term of 
four years. 

25. Jurisdiction — The Superior Court has ex- 
clusive jurisdiction to try and determine all ac- 
tions for violation of the city ordinances. It also 
has the power and authority usually exercised by 
justices of the peace, and in most civil matters 
exercises equal jurisdiction with the District 
Court. 

26. Salary of Judge — A judge of the Superior 
Court receives a salary of $2000 per year, one 
half of which is paid from the city treasury and 
the other half from the county treasury. 



CITIES ATfB TOWVSi 131 

27. Number — Council Bluffs, Cedar Kapids, 
Oelwein, Shenandoah, Perry and Keokuk are the 
only cities in the State now maintaining a Supe- 
rior Court. 

28. Annual Elections — Except in some cities 
under special charters, the regular annual elec- 
tion for all city and town officers takes place on 
the last Monday in March. 

29. Special Charters — It will be remembered 
that the present Constitution of the State (66) 
prohibits the incorporation of cities by special act 
of the Legislature, but at the time this provision 
was adoped a few of the older cities had already 
been incorporated by that method. 

Of these cities, Dubuque, Keokuk, Davenport, 
and Cedar Rapids still retain their special char- 
ters granted under the old Constitution, but their 
government does not differ in essential particulars 
from that of other cities of the first class. 

30. Abandonment — Any city or incorporated 
town may abandon its corporate government by 
vote of its qualified electors at an election called 
for that purpose. 

If at such election two-thirds of the votes cast 
are in favor of the proposition and all corporate 
debts are paid, the corporation will be discon- 
tinued. 



132 IOWA, ITS CONSTITUTION AND LAWS 



CHAPTER XXIII 

SCHOOL DISTRICTS 

i. Districts — Each civil township is a School 
District and is ordinarily subdivided into smaller 
parts called sub-districts. The township when 
spoken of in its capacity as a school district is 
called a School Township. 

2. Directors — Annually on the first Monday in 
March each sub-district elects a sub-director and 
the sub-directors thus elected together form a 
Board of Directors for the district township. 

3. Government — The management of district 
affairs is exercised in part by the voters assem- 
bled in annual meeting and in part by the board 
of directors. 

4. Annual Meeting — On the second Monday in 
March of each year the voters of the district 
township convene in a mass or general meeting. 
"When thus legally assembled they consider and 
determine many matters relating to district gov- 
ernment, among the most important of which is 
the voting of taxes for the construction of school- 
houses and for the purchase of grounds. 

5. Organization of Board — The Board of Direc- 
tors shall meet in the first secular day in July 
and organize by electing a president from their 
own number, and a secretary and treasurer from 
outside the board. 



SCHOOL DISTRICTS 133 

6. Powers of Board — The Board of Directors 
makes all contracts, purchases, sales, and pay- 
ments necessary to carry out any vote of the dis- 
trict, and, subject to the powers vested in the 
annual meeting of the. voters, it has full charge 
and control of the schools and school property 
within the district. 

7. Powers of Sub-Directors — Under such reason- 
able rules and regulations as the board may 
adopt, each sub-director provides fuel for the 
school in his sub-district, employs teachers, keeps 
the buildings in repair, and has general control 
and management of the schoolhouse. 

8. Independent Districts — Any city, town, or 
village may be made into a separate Independent 
School District by vote of the people at an elec- 
tion called for that purpose. The sub-districts of 
a district township may also become Independent 
Districts when a majority of the votes cast in each 
sub-district is in favor of such independent or- 
ganization. As a general rule all cities and towns 
are organized as Independent Districts, while in 
agricultural communities the district township 
system is retained. 

9. Board of Directors — Subject to the rights of 
the voters in annual meeting, the government of 
an independent district is vested in a Board of 
Directors. In cities of the first class the board 
of directors of an independent district has seven 
members, in all other cities and towns five mem- 
bers, and in rural independent districts three 
members, They are chosen for three years each 



134 /'Ml M. /'/'* CONSTITUTION AXD LAWS 

and their terms are so classified that at least one 
is elected each year. 

io. Officers — The Directors elect a President 
from their own number, and a Secretary from the 
district at large, the same as is done in district 
townships. In districts composed in whole or in 
part of cities or towns a treasurer shall be elected 
in the same manner as are the directors. His 
term of office shall be two years. 

ii. Election — The regular annual election and 
the annual meeting of the voters in each independ- 
ent district occur together on the second Monday 
in March. 

12. Schools — Under the system prevailing in 
this State every sub-district and independent dis- 
trict is supplied with at least one common school. 
The number of schools in each sub-district and 
independent district, and the location of the 
schoolhouses, are left to the discretion of the 
Board of Directors. 

13. School Year — Twenty-four weeks of five 
days each constitute a school year. During this 
period a school must be taught in each sub-dis- 
trict and independent district for the instruction 
of children and young people between the ages 
of five and twenty-one years. In actual practice 
most of the schools of the State are in session 
from thirty-two to forty weeks in each year. 

14. Branches Taught — In these schools pupils 
are instructed in reading, writing, spelling, arith- 
metic, geography, grammar, physiology, hygiene, 
and elementary civics and economics, with such 



SCHOOL DISTRICTS 135 

additional branches as the voters may determine 
upon at their regular annual meeting. 

15. How Supported — The moneys arising from 
the permanent* and temporary school funds of the 
State, though of great importance, furnish but a 
comparatively small part of the support of the 
common schools. The remainder required for 
such support is supplied by taxation in the several 
districts according- to their needs. 

16. Schools Free — The schools of each district 
are entirely free to all persons of the proper age 
residing therein. If, however, there are two or 
more schools in the district where the pupil- re- 
sides, the directors are authorized to decide which 
school he may attend. 

17. Compulsory Attendance — Children of the age 
of seven to fourteen years inclusive, in proper 
physical and mental condition shall attend some 
public, private, or parochial school where the 
common branches of reading, writing, spelling, 
arithmetic, grammar, geography, physiology, and 
United States history are taught, or to attend 
upon equivalent instruction by a competent teacher 
elsewhere than school for at least sixteen (16) 
consecutive school weeks in each year commencing 
with the first week of school after the first day 
of September, unless the board of school directors 
shall determine irpon a later date which date shall 
not be later than the first Mondav in December. 



loG 



IOWA, ITS ('<)\STJTL TIOX AND LAWti 



CHAPTER XXIV 



TAXATION 



i. Assessment — We have already learned that 
property is assessed or valued for taxation by 
Assessors elected for that purpose in the several 
townships, towns, and cities of the State. 

2. Equalization — When the assessors have com- 
pleted their work the lists are submitted for ex- 
amination and correction to the township trustees, 
or town or city council, as the case may be, acting 
as a Board of Equalization. The board also 
hears and decides complaints of those who dis- 
pute or criticise the estimates made by the as- 
sessors. 

3. State Taxes — The rate of taxation for State 
purposes is determined by the General Assembly, 
and notice thereof is transmitted by the State 
Auditor to each County Auditor. 

4. County Taxes — The rate for county purposes 
is fixed by the Board of Supervisors in each 
county. 

5. School Taxes — Taxes for school purposes are 
usually divided into three accounts or funds, 
known respectively as the Schoolhouse, Teachers', 
and Tontingent Eund. The tax for the School- 
house Fund is voted by the people of each dis- 
trict at their annual meeting, while the amounts 
required for the other funds are estimated by 



TAXATION 137 

the Board of Directors — all of which is certified 
by the directors to the County Auditor. 

6. Municipal Taxes — Taxes for town and city 
purposes are fixed by the council of each town 
or city according to its needs, and are likewise 
certified to the County Auditor. 

7. Levy — The Board of Supervisors at its reg- 
ular September meeting in each year proceeds to 
order the collection -of all the various taxes which 
have been properly certified to the Auditor, to- 
gether with the taxes it determines upon for 
county purposes. With the rates thus fixed the 
Auditor makes up the tax lists and delivers them 
to the County Treasurer on or before the 31st day 
of December. 

8. Collection — It is the duty of every person 
subject to taxation to attend at the office of the 
Treasurer at some time between the first Monday 
in January and the first Monday in March and 
pay his taxes in full ; or he may at his option pay 
one-half thereof at any time before the first Mon- 
day of March and the other half before the first 
of September without extra charge or penalty. 

If the taxes are not paid as above stated they 
are said to be delinquent, and a penalty of one 
per cent, per month is thereafter added. 

9. Tax Sale of Lands — On the first Monday in 
December of each year the Treasurer after due 
notice offers at public sale all lands, town lots, 
and other real estate on which any taxes remain 
delinquent. 

10. Redemption — A person having real estate 



L38 WWA S lis CONSTITUTION AND LAWS 

which has been sold for taxes may redeem the 
same at any time within three years by paying 
to the Auditor the amount for which it was sold 
with a penalty of ten per cent, and accumulated 
interest. If not so redeemed, the purchaser after 
due notice to the owner may apply to the Treas- 
urer and receive a deed. If the proceedings have 
been regular, the original owner loses all title 
to the property conveyed by such deed. 

ii. Sale of Personal Property — The Treasurer 
may also seize and sell the personal property of 
the delinquent taxpayer to enforce payment of 
taxes; but where there is real estate from which 
the collection can be made other remedies are not 
ordinarily employed. 

12. Taxation of Railroads — All railroad property 
in the State is assessed by the Executive Council. 
This valuation is made at an average sum per 
mile of road, and depends upon the earnings of 
the several corporations and all other matters 
necessary to enable the council to make a just and 
equitable assessment. 



INDEX 



PAGE 

Adjournment of General Assem- 
bly "19 

Adjutant-General 89 

Administration of justice 100 

Admission as a State 43 

Agricultural College 93, 109 

Amendment of bill 19, 70 

constitution 38, 111 

Amendments adopted 112 

Annual school meeting 132 

Appeal 29, 96 

Appointments to fill vacancies. . 115 

Assessment of taxes 136 

Assessors 125, 127 

Asylums 91 

Attainder, bills of 15, 59 

Attorney-General 31. 86 

Auditor of State 28, 85 

County 119 

Bail, excessive 15, 58 

right to 14, 56 

Ballot, Australian , . . 64 

Basis of representation 77 

Bills, passage of 19. 70 

title of 22, 75 

when returned 19, 71 

Board of Equalization 136 

Health 89 

Boundaries of Iowa 11, 39 

Bridges 118 

Capital of State 40, 116 

Census 23, 76 

Chancery and law 29, 96 

Cities of first class 1 29 

second " 128 

Citizenship 62 

Claims against county 118 

Clerk, city 129 

county 119 

of supreme court 96 

Collection of taxes 137 

Commerce 107 

Commissioner of labor 90 

Common schools 134 

Conservators of the peace. 29, 98, 120 
Constables 124 



PAGE 

Contracts for schools 133 

Constitution, development of... 43 

as an outline 47 

supreme law 40 

Convention, constitutional.. . .38, 112 

Coroner 121 

Corporations: 

banking 34, 103 

for profit 104 

for other purposes 104 

how created 34, 105 

municipal 31, 106 

name of 104 

State not a shareholder. . .34. 106 

taxable 34, 106 

utility of 104 

Counties, number and area 117 

Countv Attorney 120 

Clerk 119 

officers 117 

terms of 121 

Courts: 

District 29, 97 

jurisdiction of 29, 97 

Justices 39, 113 

Superior 130 

Supreme 28, 95 

jurisdiction of .29, 95 

Dairy commissioners 91 

Delinquent taxpayers 138 

Directors of school district 132 

Discovery of Iowa 41 

Distribution of powers 17, 67 

Districts, reoresentative 21, 77 

school./ 110, 132 

senatorial 24, 76 

Divorce 22, 74 

Duelling 13 

Early settlement 44 

Elections, contested 25, 80 

by general assembly 24, 80 

Electors, privileges of 16, 63 

Equalization of taxation 136 

Escheats ."..37, 108 

Executive council 86 

139 



140 



INDEX 



PAGE 

Fire, protection against _ 128 

Foreigners, rights of 1 5, 59 

I'rtr BChoOlS 135 

Freedom of speech.. 13, 53 

General Assembly: 

duties of 18, 70 

election 17, 68 

eligibility 17, 68 

term of office 18, 68 

Government, nature of 50 

Habeas corpus 14, 56 

High schools, county 110 

High-school departments 110 

Historical department 92 

History of Iowa 41 

Impeachment 20, 72 

Imprisonment for debt 15, 58 

Incorporated towns 126 

officers of 127 

powers of 1 28 

Incorporation of cities 126 

Indebtedness of municipalities 39, 114 

state 32, 102, 103 

Independent school districts 133 

Indictable offenses 55 

Judges. See Courts. 

Judicial Department 28, 95 

districts 30 

Jurisdiction, defined 113 

Jury: 

Grand 31, 99 

right to trial by 13, 54 

Trial 99 

Justice of the Peace. ....... .39, 124 

Laws, special, prohibited 22, 75 

take effect, when 22, 74 

Lease of agricultural lands 15, 60 

Legislative powers of nation. ... 46 

State 46 

Levy of taxes 137 

Lieutenant-Governor 25, 27, 79 

president of senate 27, S4 

Liquor, manufacture and sale of. . 15 

Lotteries 22, 74 

n y. rule of 51 

Marriage license 119 

Marshal 127, 129 

Mayor 127, 129 

Military subordinate to civil 

power 14, 57 

Militia 11, 3J, 101 

Mine inspectors 90 

Monarchy versus Republic 50 

Municipal corporation-, claSSOS of 126 

Municipal elections 131 

National Guard 101 

I ounties, area of 39, 114 

Non-elective State officers 89 

Normal school 93, 110 



PAGE 

Oath of general assembly 23, 75 

public office 39, 115 

Oil inspector 90 

Ordinances 128 

Pardon 27, 83 

Penitentiaries •. . . 93 

Petition, right of \5, 59 

Petty misdemeanors 11, 55 

Police 130 

Political power 50 

Printer and binder 91 

Private property, seizure of.. . .15, 58 

Process, style of 98 

Public credit 32, 102 

education 108 

roads 118, 125 

Railroad Commissioners 87 

Recorder 127 

Redemption of real estate 137 

Reformatories 93 

Register of births and deaths.. . . 119 

Religious liberty 12, 51 

Reporter . 96 

Residence 63 

Rights, natural 49 

political 12, 49 

Riots 128 

Road supervisors 125 

Sale of personal property for 

taxes 138 

Salaries of county officers 1 22 

judicial " 99 

State " 88 

Schedule 40, 116 

School funds 36, 103 108 

distribution of.. .38, 109 

School vear 134 

Seal../ 28, 84 

Search-warrants 13, 53 

Secretary of State 28, 85 

Sheriff 120 

Slaverv 15, 59 

Solicitor 129 

Special charters 131 

State constitutions, differences in 43 

State librarian 91 

State University 93, 109 

Statutes 48 

Studies in common schools 134 

Succession in office 27, 83 

Suffrage, importance of 61 

qualifications for 16, 61 

partial 62 

Supervisors 117 

duties of board 118 

meetings 118 

Superintendent of Public Instruc- 
tion 86 

Support of schools 135 

Supremacy of nation 46 

State 47 

Surveyor 121 



INDEX 



141 



PAGE 

Taxes 136 

Taxation of railroads 138 

Tax sale of lands 137 

Temporary school fund 108, 135 

Terms of office 87 

Tie vote 80 

Township clerk 125 

officers 124 

trustees 124 

Townships, civil 123 

congressional .* . . . 123 

Transportation 106 

Treason 14, 57 

Treasurer of State 28, 85 



PAGE 

Trial by jury 13, 54 

University fund 32, 36 

Vacancies in office 40, 115 

Variety of local government 44 

Veto 19, 71 

Voting, manner of 17, 65 

War debts 33, 103 

Wardens 91 

Wards 128 

Water-works 128 

Women eligible to office 121 



MAY 4 1908 



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